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Jones v. United States8/16/2001
Appeal from the Superior Court of the District of Columbia (Hon. Ronna L. Beck, Trial Judge)
On Rehearing En Banc
Argued May 22, 2001
Following a bench trial, Elton R. Jones was convicted of one count of unlawful possession of cocaine, in violation of D.C. Code § 33-541 (d) (1998). Jones filed a timely notice of appeal, contending that the trial judge had committed reversible error by denying Jones' motion to suppress, on Miranda grounds, an incriminating statement that Jones had made to the police at the scene of the offense.
On March 4, 1999, a division of this court reversed Jones' conviction. Jones v. United States, 726 A.2d 186 (D.C. 1999) (Jones I). The court held that Jones was in police custody at the relevant time, that the words and actions of the police which led to Jones' incriminating statement were the "functional equivalent of questioning," and that Jones' statement was therefore the product of "custodial interrogation" as that term was used in Miranda and in Rhode Island v. Innis, 446 U.S. 291, 300-01 (1980). Jones I, supra, 726 A.2d at 188-90. Because Jones had not been advised of his rights in conformity with Miranda, the division held that his statement should have been suppressed; accordingly, the division reversed Jones' conviction. Id. at 190.
The United States filed a petition for rehearing or rehearing en banc, contending that Jones was not in custody at the time that he made the incriminating statement and that, even if he was, the statement sought to be suppressed was not made in response to police interrogation. On March 2, 2000, the division issued a revised opinion on rehearing in which it elaborated on its prior analysis but adhered to its disposition in Jones I. Jones v. United States, 747 A.2d 558 (D.C. 2000) (Jones II). One judge dissented. Id. at 563-64.
On February 13, 2001, we granted the government's petition for rehearing en banc addressed to the decision in Jones II. Jones v. United States, 770 A.2d 66 (D.C. 2001) (en banc) (per curiam) (Jones III). We now conclude that there was no Miranda violation. Accordingly, we affirm Jones' conviction.
I. FACTUAL BACKGROUND
Testimony at the hearing on Jones' suppression motion revealed that the events which led to Jones' prosecution occurred in the 600 block of Newton Place, N.W. in Washington, D.C. on November 10, 1995. Officer Diane Groomes of the Metropolitan Police Department testified that on the evening in question, she drove into the area in a scout car. Upon arrival, she observed three men standing on the sidewalk. Officer Groomes testified that she saw one of the men, later identified as appellant Elton R. Jones, drop two ziplock bags to the ground. Two other officers who were in the scout car apparently also observed the drop. Officer Groomes stopped the car, and she and the other officers approached Mr. Jones and directed the other two men to go across the street.
The officers then focused their attention on Mr. Jones. One of the officers picked up the two ziplock bags that were lying at Jones' feet. The bags contained a white rock substance that later proved to be crack cocaine. The officers asked Jones "for his ID, if he had ID at that time, or if he didn't have his ID what is his name, address, where he lives, things like that." After these questions were posed to him, Jones stated that "all he does is drink" and that "he was holding for those two guys." At the time that he made these comments, Jones had not been advised of his rights under Miranda.
After a field test of the suspected drugs indicated the presence of cocaine, Jones was placed in the police cruiser and transported to a p
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