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Hughes v. State6/17/1997
Opinion by Chasanow, J.
We are called upon in this case to examine the validity and scope of what is commonly known as the "routine booking question" exception to the requirements of Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). The precise issue before the Court is whether the "routine booking question" exception encompasses a question on an arrest intake form as to whether the arrestee is a "narcotics or drug user." For the reasons set forth below, we conclude that it does not. Accordingly, the admission of testimony regarding the arrestee's response, absent Miranda warnings, to this question was error and requires reversal of the judgment below.
I.
The petitioner, Michael Patron Hughes, was arrested on October 14, 1993, for his suspected involvement in the distribution of illegal drugs. He was subsequently charged with possession with intent to distribute cocaine, possession of cocaine, conspiracy to distribute cocaine and conspiracy to possess with intent to distribute cocaine. The petitioner was tried by jury in the Circuit Court for Prince George's County, which resulted in a verdict of guilty on all charges.
At trial, Corporal David Morrissette of the Prince George's County Police Department described the events leading up to the petitioner's arrest. He testified that the petitioner was arrested in connection with a narcotics distribution surveillance operation on Warner Avenue in Landover Hills. The operation consisted of two plain-clothed police officers, who scanned the area for illegal drug activity, and approximately 15 uniformed officers, who stood by to apprehend offenders if any such activity were observed.
Upon receiving a radio communication from the surveillance officers that they had indeed witnessed a series of apparent drug transactions, Corporal Morrissette and other uniformed officers proceeded to the target location. As the officers approached, a group of three to four individuals, one of whom was the petitioner, dispersed and fled the area. Corporal Morrissette pursued and ultimately apprehended the petitioner. During the course of the pursuit, the petitioner discarded an item, which later was determined to be a glassine bag containing approximately eight rocks of crack cocaine. Corporal Morrissette also discovered in the petitioner's possession a pager and $62.00 in mostly small bills.
During post-arrest processing, Corporal Morrissette completed a standard Prince George's County Police Department arrest report. In addition to such biographical information as the arrestee's name, address, and telephone number, the arrest form contains a section in which the officer is to indicate whether the arrestee is a "narcotic or drug user." If the arrestee answers this question in the affirmative, the officer is to indicate the "type" of narcotic or drug. The petitioner, however, answered this question in the negative.
At trial, the prosecutor sought to have Corporal Morrissette testify as to the petitioner's negative response to the "narcotics or drug" use question. Defense counsel objected on the ground that the petitioner had not yet been advised of his Miranda rights at that time, and that the response to the question was thus inadmissible. The prosecutor countered that the question was exempt from Miranda under the routine booking question exception. After much discussion, the trial judge permitted the following testimony:
"[STATE'S ATTORNEY]: Corporal Morrissette, I'm showing you what has been marked as State's Exhibit No. 4, and what is that document, just for the record?
: Prince George's County Police Department arrest report.
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