United States v. Ramsey
| Decision Date | 18 December 1973 |
| Docket Number | No. 73 CR 198 W 4.,73 CR 198 W 4. |
| Citation | 367 F. Supp. 1307 |
| Parties | UNITED STATES of America, Plaintiff, v. Elvis Lee RAMSEY, Defendant. |
| Court | U.S. District Court — Western District of Missouri |
Mary A. Senner, Asst. U. S. Atty., Kansas City, Mo., for plaintiff.
Thomas M. Larson, Asst. Federal Public Defender, Kansas City, Mo., for defendant.
The defendant in this case is a seventeen year old, juvenile, who was sixteen years old at the time of the alleged offense. On August 17, 1973, at his arraignment, the defendant consented to allow the government to proceed against him by an information charging a juvenile delinquency pursuant to 18 U.S.C. §§ 5031-5033. The information charges that the defendant transported a stolen motor vehicle from Kansas to Missouri, knowing said motor vehicle to have been stolen, in violation of 18 U.S.C. § 2312. The defendant has, at all proceedings before this Court, been represented by counsel, Mr. Thomas Larson, Assistant Federal Public Defender for the Western District of Missouri.
Pursuant to Rule 41(f) F.R.Cr.P., the defendant moved on August 16, 1973, to suppress the use in evidence of certain alleged admissions and statements made by him. A full evidentiary hearing before this Court to consider defendant's motion was held on September 7, 1973. Testifying at the hearing were Patrolman Donald Lauffer, Kansas City, Missouri, Police Department; Detective Robert Keys, Kansas City, Missouri Police Department — Youth Bureau; Special Agent Otto T. Handwerk, Federal Bureau of Investigation; and the defendant, Elvis Lee Ramsey.
The evidence adduced at the hearing established the following pattern of events. At approximately 1:20 A.M. on July 31, 1973, Patrolman Lauffer saw the defendant near 27th and Jackson Streets, Kansas City, Missouri, driving a green Volkswagen containing four other passengers. After observing the defendant, Patroman Lauffer did not feel that the defendant was of legal driving age, and consequently turned around to attempt to stop the vehicle in order to make a license check of its driver. He then observed the vehicle run off the road and strike a tree, at which time all five of the occupants abandoned the vehicle and attempted to leave the scene. Officer Lauffer pursued and apprehended the defendant at approximately 1:30 A.M. on a terrace near 28th and Jackson Streets. At the scene, Patrolman Lauffer asked the defendant only his name and to identify the other persons that had been with him. The defendant responded by telling Officer Lauffer his name, and that the others were his "brothers and cousins". Officer Lauffer then took the defendant to the 27th Street Station (Kansas City, Missouri, Police Department), arriving between 2:00 and 2:15 A.M. In the interim, two of the other persons who had been in the car with the defendant (J. E. Bell and T. E. Bell, cousins of the defendant) had been arrested by another officer and were present at the station.
The defendant was then fully advised of his rights by Officer Lauffer reading to him the "Miranda" card, and making some further explanation, including specifically telling him that he did not have to say anything if he did not want to.1 The defendant then proceeded to freely answer a few questions from Officer Lauffer. Ramsey told Officer Lauffer, in response to Lauffer's questions, that he, his brothers, and his cousins had "hot-wired" the car in question in Kansas, jump-started it, and drove it to Missouri. The defendant's statements were not reduced to writing by Officer Lauffer at that time, but later in the day were added to his report of the incident.
Detective Keys at the Youth Unit was notified of the arrest by Officer Lauffer via telephone at approximately 2:30 A. M., at which time Officer Lauffer may or may not have told him of the defendant's statements. The defendant's mother was notified of the arrest by phone at about 3:00 A.M. Officer Lauffer then transported the defendant to the Youth Unit at 725 Locust, Kansas City, Missouri.
The defendant was seen by Detective Robert Keys of the Kansas City, Missouri Police Department Youth Bureau at or shortly before 4:30 A.M. that morning. At that time, Detective Keys was aware of the defendant's age (16), but was "probably not" aware that the defendant was then on probation imposed by the Jackson County, Missouri, Juvenile Court from a previous matter. The other two individuals arrested in the incident (J. E. Bell and T. E. Bell, cousins of the defendant) were also present. Detective Keys had read Officer Lauffer's report of the incident and arrest (which at this time did not include the defendant's statements) before he saw the defendant. Detective Keys saw the defendant, in accordance with his normal duties, to determine what, if any charges should be referred to the Juvenile Court against this defendant. Detective Keys questioned Ramsey with the intent to determine if he should refer a charge against him of "hit and run", and at the time he questioned him, had no reason to believe that the Volkswagen the defendant had been driving was stolen, and therefore did not intend to question him about any theft.
Detective Keys first asked the defendant if he knew why he was at the station, to which Ramsey replied: "Yes; auto theft — accident".2 Keys then fully again advised the defendant of his rights by reading to him the "Miranda" card. He then proceeded to ask Ramsey if he had stolen the car, to which Ramsey responded "Yes."; and when asked where he had stolen it, responded "Kansas.", and then declined to talk further with Keys.3 At this point, Detective Keys referred the defendant to the Juvenile Detention Unit, where he was later released.
Detective Keys made no effort to contact the defendant's parents, and further stated that he had probably violated the established procedure for questioning juveniles in that he had questioned the defendant when neither a parent, attorney, or juvenile officer was present to act for the defendant. The normal procedure is for the questioning to be done at the Juvenile Court with a Deputy Juvenile Officer present.
Special Agent Otto Handwerk of the F.B.I. was informed verbally on August 2, 1973, of the possible federal law violation by Lieutenant Schmidt of the Kansas City, Kansas, Police Department, who indicated that persons had been arrested in Kansas City, Missouri, on July 31, 1973, in possession of an automobile previously reported stolen from the home of its owner, Mr. George Long, in Kansas City, Kansas. Agent Handwerk then acquired from the Kansas City, Missouri, Police Department a copy of Officer Lauffer's report.4 On August 6, 1973, Agent Handwerk went to see Mr. Patrick Eldridge, Assistant United States Attorney for the Western District of Missouri, and after a conference it was concluded that this matter warranted further federal investigation. At this time Agent Handwerk felt he needed to interview the owner of the stolen 1966 Volkswagen, and also to interview the defendant, Elvis Ramsey, before he would have enough information to file a complaint.
Agent Handwerk went to the defendant's home between two and four P.M. on August 6, 1973, and was informed that the defendant was not at home but was out running an errand. He subsequently determined that the defendant was later that evening taken into custody and being detained at the Jackson County, Missouri, Juvenile Detention Home at 26th and Cherry Streets, Kansas City, Missouri, on a charge of shoplifting. Officer Handwerk went to the defendant's home at approximately 7:55 A.M. on the following morning (August 7) pursuant to an appointment he had made with the defendant's mother, and asked her to accompany him to the Juvenile Detention Home so that she could be present when he interviewed the defendant. She declined to accompany him.
At this point, Agent Handwerk, along with Special Agent Trammel (F.B.I.), went to the Juvenile Detention Home for the purpose of interviewing Elvis Ramsey. The interview began at approximately 8:17 A.M. and concluded at approximately 9:11 A.M. on the morning of August 7, 1973. Agent Handwerk introduced himself to the defendant, showed him his credentials, and then introduced Agent Trammel. The interview was conducted in the presence of Mr. Frank Seivers, an officer of the juvenile facility.
Agent Handwerk first told the defendant that he wanted to talk to him about a 1966 Volkswagen stolen in Kansas City, Kansas. Agent Handwerk then totally advised him of his rights, which the defendant then indicated that he understood. Further, Agent Handwerk then told the defendant that he would ask him no questions unless an attorney were present if the defendant so desired, and the defendant answered that he understood. Agent Handwerk then read to Ramsey a waiver of rights form, after the defendant indicated that he did not read very well. This form was not signed by the defendant, who indicated that he did not understand the word "coercion". Accordingly, Agent Handwerk used more simple terms, both then and later in the interview. Thoughout the interview the defendant was alert, often acknowledging questions and indicating answers with head motions, and answering all questions promptly and without delay. Before any questioning began, the defendant stated that he did not want an attorney at that time.
During the course of the interview, the defendant told Handwerk that he was in Kansas City, Kansas, observed the vehicle being stolen, and that he drove the stolen Volkswagen from Kansas City, Kansas to Kansas City, Missouri, and was driving the car when he struck a tree, fled, and was arrested. At the conclusion of the interview, Agent Handwerk went to the United States Courthouse and made a formal complaint against Elvis Ramsey for violation of 18 U.S.C. § 2312. The defendant was first taken into federal custody later that afternoon at the Jackson County Juvenile Detention Home, pursuant to...
To continue reading
Request your trial
-
Interest of Thompson
...for juvenile confessions. People v. Lara, supra, see Cotton v. United States, 446 F.2d 107, 110 (8 Cir. 1971); United States v. Ramsey, 367 F.Supp. 1307, 1312 (W.D.Mo.1973). An analogous public policy consideration probably foundations the tort rule that a minor's conduct is to be measured ......
-
State v. Hunter
...But in cases of adolescents, age alone, without more, is insufficient to prevent a valid waiver of Miranda rights. U. S. v. Ramsey, 367 F.Supp. 1307 (W.D.Mo.1973)); (2) Texas authorities held him all day on another charge before the Missouri sheriffs arrived with the murder warrant. (Confes......
-
State v. Pierce
...where a confession is made by an adolescent, the age of the individual alone is insufficient to prevent a valid waiver. United States v. Ramsey, 367 F.Supp. 1307 (1973). Minority, however, may be among several important factors which must be carefully considered in determining the voluntari......
-
U.S. v. DeMarce, s. 74-1699
...magistrate.4 Two cases cited by the Government, Grooms v. United States, 429 F.2d 839 (8th Cir. 1970), and United States v. Ramsey, 367 F.Supp. 1307 (W.D.Mo.1973), involved situations of initial state arrests and subsequent federal involvement. Thus, these cases are of no assistance to the ......