United States v. Jones

• Decision Date: 01 December 1972
• Docket Number: Crim. A. No. 1969.
• Citation: 352 F. Supp. 369
• Parties: UNITED STATES of America, Plaintiff, v. Leon JONES et al., Defendants.
• Court: U.S. District Court — Southern District of Georgia

352 F. Supp. 369

UNITED STATES of America, Plaintiff, v. Leon JONES et al., Defendants.

Crim. A. No. 1969.

United States District Court, S. D. Georgia, Dublin Division.

December 1, 1972.

COPYRIGHT MATERIAL OMITTED

Edmund A. Booth, Jr., Asst. U. S. Atty., Augusta, Ga., for plaintiff.

John R. Thompson, Swainsboro, Ga., for Leon Jones.

Tyrus R. Atkinson, Jr., Atlanta, Ga., for Charlie Woodrow Smith.

Ray Gaskin; Downing, McAleer & Gaskin, Savannah, Ga., for Jimmie Lee Bailey.

LAWRENCE, Chief Judge.

I. ORDER ON MOTIONS BY JONES, BAILEY AND SMITH TO SUPPRESS EVIDENCE AND MOTIONS FOR SEVERANCE

(a) Factual Background—Leon Jones

Leon Jones is one of three defendants indicted for armed robbery of a bank at Rentz, Georgia, on August 30, 1972. He has moved to suppress the use of evidence at the trial in the form of five $100 bills which were taken from him after the crime. He contends that the currency was seized as a result of a warrantless and unlawful search of his person by state officers investigating the robbery.

Jones also moves to suppress evidence in the way of exculpatory but incriminating statements he gave to the officers and also a statement he made to special agents of the Federal Bureau of Investigation who interviewed him the afternoon of the robbery. He contends that the latter statement, though made after the "Miranda warnings" were given, was the fruit of the original unlawful seizure of the currency and that such statement is tainted by the prior violation of his rights.

Jimmie Lee Bailey who is named as a co-defendant along with Woodrow Smith in the first Count of the indictment moves to suppress as evidence the bills in question, claiming that they were taken from Jones as a result of a search and seizure which was violative of Jones' Fourth Amendment rights.¹ Bailey contends that such unlawfully obtained evidence cannot be used against him as a co-defendant any more than it can be used against Jones himself.

The third defendant, Charlie Woodrow Smith, also attacks the lawfulness of the evidence obtained in the search of Jones and the statements obtained from him. He challenges the search of the automobile allegedly used in the robbery, claiming an interest therein as a co-renter, along with Jones, of the vehicle.

Pursuant to Rule 41(e), F.R.Cr.P., an evidentiary hearing was held at Savannah on November 17th. A second hearing took place on November 27th. It was called by the Court for the purpose of supplementing the previous record wherever incomplete and clarifying it where uncertain. At the latter hearing evidence was also heard in connection with the motions to suppress evidence obtained in Atlanta which had recently been filed by Charlie Woodrow Smith.

The evidence reveals that on the morning of August 30, 1972, Harold Moorman, an agent of the Division of Investigation (formerly Georgia Bureau of Investigation), was in the Sheriff's office at Dublin. At that time he learned that the Bank of Rentz in Laurens County had been robbed; that the car used in the crime was a late model, gold-colored Chevrolet, and that three colored males were involved in the crime.

Moorman got in his car and headed south on Highway 441. A short time later he passed an automobile going in the opposite direction answering the description of the "get-away" car. There were three Negro male occupants who he did not identify. The tailpipe and muffler on the Chevrolet were dragging along the road and "fire was flying." He noted that it bore no license. Moorman turned around. The driver of the suspect car gave it the gas with Moorman in pursuit. When the latter reached Interstate 16 he did not see the Chevrolet. Apparently it turned east on reaching that highway.

At this point Moorman learned by radio that the car was being pursued on I-16 by the Laurens County Sheriff's unit. He proceeded to Rentz. There he was shown where the "getaway" car had backed up to the walkway in front of the Bank. In doing so the tailpipe and muffler had broken loose. A small piece was observed in the street.

Detective F. M. Burch of the Dublin Police Department had driven to Rentz. He left the Bank to look for the gold-colored Chevrolet. On reaching I-16 he learned from the State Patrol that a man named Register who runs a body shop near the city limits of Dublin had spotted such a car going into town on Highway 19 and that it had turned down Saxton Street. Burch and another officer proceeded to the vicinity of where the car was reported to have been seen. They went up and down 15 or 20 streets looking for it. At No. 140 Dudley Street he observed a car answering the description of the vehicle in question. It was backed into a carport 35 or 40 feet from the residence located at that address. This was around noon or shortly thereafter. Burch had observed from the street that the muffler was broken. He walked over to the carport and looked at the Chevrolet. The tailpipe had been wired up with a clothes hanger. There was a Fulton County license tag on the car.

Burch then went to the front door of the residence and knocked. He knew the house belonged to Charles Woodrow Smith, Sr. After identifying himself, he said he was looking for a car involved in a robbery and that the Chevrolet fitted its description. The Rentz Banking Company was not mentioned. Jones identified himself and said he was from Atlanta. He stated that the automobile parked in the carport was his. Burch asked if he minded him looking at it. Jones said, "No, sir." They went over to the Chevrolet. The detective opened the hood and noted that the engine was warm. Burch inquired whether the car had been driven. Jones' reply was that he had driven to "the store" that morning. The detective then asked him about the broken tailpipe. Jones explained that he had run the car into a ditch the night before on the way from Atlanta.

Burch then called the Sheriff's office by radio and stated what they had found. He requested assistance. R. Yates Ware, a deputy sheriff of Laurens County, arrived shortly with another officer and examined the car.² Deputy Ware then told Jones that he wanted to talk to him about a bank robbery. They went into the house. Burch was with them. Jones was informed by Ware that he wanted to check out the car and was asked if he would go to the Sheriff's office. He agreed. Ware asked for the keys to the Chevrolet and Jones handed same to him. The latter informed the deputy that the car was his. Ware says that he is satisfied that Jones was "frisked" before leaving the house. He rode in the patrol car. Another officer drove the Chevrolet to the jail in which the Sheriff's office is located.

Up to this point no formal arrest had been made. Ware testified that he felt like "it was the right car but I was not sure." On arriving at the Sheriff's office they went to the "interview" room, a small room with one door and one window. No "Miranda warnings" were given. Jones was requested to show his identification and he pulled out a black wallet. Ware observed in the billfold what appeared to be a large amount of money. There was a $100 bill on top and other bills below it. From another part of the billfold Jones pulled out what Ware recalls to have been a license. The money was exposed to the latter's view. He remarked to Jones that it looked like a large amount of money and asked him to count it. There were five $100 bills. The deputy asked, "Mind if I look?" The wallet was then on the table. Jones pushed it toward Ware. The money was then in it. Deputy Ware took the wallet outside and called Sheriff Bussell at Rentz. The latter got in touch with the Federal Bureau of Investigation.

Ware testified that there was no interrogation by him concerning the robbery. He never told Jones that he was under arrest. He said that he did not consider him a suspect until he saw the large bills in the wallet. Asked on cross-examination whether he considered Jones under arrest, he replied that the "general idea" was that he "agreed to come to the Sheriff's office to clear up" the matter of the automobile.

Around 12:55 P.M. Special Agents Frank Spero and Frank J. Realis arrived at Dublin. They brought with them a list of the serial numbers on the "bait" money taken in the robbery. The numbers thereon matched those on the currency which had been in the wallet of Jones.³ The latter was interviewed in the interview room. Informed of his "Miranda rights," he acknowledged that he understood and signed the "waiver of rights" form after reading it. The interview took place in the interview room. Jones was asked what could he tell them about the bank robbery. He said he knew nothing about it.

At this point he was asked what he knew about the money. Jones admitted that the bills were his. He was then aware that the serial numbers thereon corresponded with those on a list supplied by the Bank. He told the Agents that he had been at "Charlie Smith's house" and that he had come to Dublin to "pay a fine." He admitted that he had driven the car to the Bank of Rentz and stated that Bailey and an individual unknown to him were in the car. These two men entered the Bank and came back out with what looked like an adding machine which was covered over with something. He then drove them to Smith's house where the man he identified as Bailey gave him $500. Jones said that he then slept until he was awakened by the knock on the front door.

About 3:45 P.M. on the same afternoon Jones signed another advice of rights form. He had sent word to the Special Agents that he wanted to talk to them again. They did so. His second statement related to what happened after he left Atlanta and before he reached Dublin. Jones described the route taken by him. He also stated that enroute to Dublin he had stopped to "fix" the license plate.

After the interview Jones signed a form for "consent to search" of the Chevrolet. On the floor in the rear was found a plastic bag which had contained two pillow cases. The...