James Toler v. United States
James Toler v. United States
Opinion
Appealing his convictions for several firearm offenses, appellant James Toler argues that (1) all his convictions must be reversed because he was required to reveal his social security number without a prior Miranda 1 warning, and (2) his convictions for possession of unregistered firearms must be reversed because the government failed to prove as an element of the offense that the firearms were not "antique" firearms. We disagree and therefore affirm the judgment.
I. Factual Background
On August 18, 2016, around 5:30 p.m., members of the Gun Recovery Unit (GRU) of the Metropolitan Police Department (MPD)
2
arrived at appellant's home to execute a search warrant to recover firearms. In the course of the search, the GRU officers handcuffed appellant and, prior to any
Miranda
warnings, asked him for his name, date of birth, phone number, and social security number, all of which he readily provided. During the course of the search, officers recovered two revolvers, a shotgun, two gun holsters, a speed loader, two gun cleaning kits, assorted ammunition, an ammunition case, and appellant's apartment lease. Appellant was then charged with one count of unlawful possession of a firearm in violation of
The three-day jury trial was bifurcated. In the first phase, appellant was convicted on all counts of possession of unregistered firearms and unlawful possession of ammunition. In the second phase, appellant was convicted of unlawful possession of a firearm, based on his prior conviction of a "crime punishable by imprisonment for a term exceeding one year." As proof of his prior conviction, the government introduced a certified copy of a U.S. Marine Corps court martial conviction record from the Department of the Navy, which stated that James Toler was convicted of a crime punishable by more than one year in prison. The government then replayed an excerpt of the video from one of the GRU officer's body-worn cameras, which had been shown in the first phase of the trial, *770 and in which appellant stated his name and social security number, and also volunteered that he was a former Marine. The prosecutor argued to the jury that appellant was the same person as the one on the conviction record because the name and social security number that appellant recited in the video matched the name and social security number appearing on the record as well on appellant's apartment lease.
II. Analysis
A. Admission of Biographical Information (Social Security Number)
First, appellant contends that, during the search of his home, he was subjected to custodial interrogation without a Miranda warning. In particular, he flatly asserts that, had he not stated his social security number in response to an officer's question, the government would not have been able to link him to the prior conviction that served as a predicate conviction for his unlawful possession of a firearm conviction or to show that his firearms and ammunition were not registered in the District of Columbia. He argues that, because the officer's questions - particularly as to his social security number - did not fall within the so-called "routine-booking exception" to Miranda , his biographical statements during the search were improperly obtained and improperly admitted at trial.
Under the doctrine first announced by the Supreme Court in
Miranda v. Arizona
, "[t]he government is constitutionally precluded by the Fifth Amendment from using in its case-in-chief a defendant's statement, whether exculpatory or inculpatory, stemming from custodial interrogation unless the defendant has been advised of his right to remain silent."
Johnson v. United States
,
However, "routine questions related to the booking process ... are not usually considered interrogation under
Miranda
, for such questions are not normally likely to elicit incriminating answers."
In this case, the government conceded and the trial court found that appellant was in custody when the GRU officers asked for his social security number and other information. However, the trial court, citing
Thomas v. United States
,
Appellant does not seriously challenge the questions relating to his name or date of birth, which have been previously countenanced
*771
in our case law.
Johnson
,
In modern America, a social security number is an intrinsic element of one's identity. For children born in hospitals, it is common, at the parents' request, for the baby to be given a social security number at birth.
This is not to say that a request for a social security number would never be problematic, as noted in the
Reyes
case cited above. Indeed, appellant contends that "questions that appear innocuous on their face" should fall outside the scope of the routine booking exception, even if it is standard practice to ask them, if the inquiring police officer "should know that the question is reasonably likely to elicit an incriminating response" from a suspect. In particular, appellant argues that questions that provide some proof of an element of the crime are not routine booking questions, and cites two state cases in support of this argument:
Hughes v. State
,
B. Elements of Possession of an Unregistered Firearm
Second, with respect to the convictions for possession of unregistered firearms, appellant argues that the trial court erred in ruling that the government was not required to prove beyond a reasonable doubt that the firearms were not "antique" as an element of the offense in its case-in-chief.
[A]ny weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive; the frame or receiver of any such device; or any firearm muffler or silencer; provided, that such term shall not include: (A) Antique firearms ....
The issue we must decide, then, is whether proof that the firearm is not antique is part of the government's case-in-chief or whether that obligation falls on the government only if some evidence in the case suggests that the firearm may be antique. In resolving this issue, we find it instructive to examine the jurisprudence relating to a similar federal statutory provision, which was enacted in 1968, eight years before the passage of the District of Columbia statute, and which may well have served as a model. That federal provision defines a "firearm" as:
(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.
"This court is not bound by federal courts interpreting federal law, but we generally consider applicable federal court precedent as persuasive authority when interpreting a local provision that is substantially patterned on a federal statute."
Fraternal Order of Police, Metro. Police Dep't Labor Comm. v. District of Columbia
,
Every federal circuit court, seven in all, that has interpreted § 921(a)(3) has held that the government need not prove in the first instance that a firearm is not an antique firearm. Rather, the antique nature of a firearm is an affirmative defense; only when some evidence indicates that the firearm is antique must the government then prove that it is not antique.
United States v. Mayo
,
Moreover, it is telling that our particular statute goes on to list, in addition to "antique firearms," four other exceptions to the definition of "firearm" for a total of five:
(A) Antique firearms; or
(B) Destructive devices; [or]
(C) Any device used exclusively for line throwing, signaling, or safety, and required *774 or recommended by the Coast Guard or Interstate Commerce Commission; [or]
(D) Any device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon; or
(E) A stun gun.
In the case before us, there was no evidence that appellant's firearms were antique firearms. None emerged from the government's case, and appellant did not proffer any in support of such a defense. 11 He merely argued that the government had failed to prove the non-antique nature of the firearms, which he asserted was an element of the offense. Under these circumstances, we can find no error in the trial court's rejection of appellant's argument.
III. Conclusion
Accordingly, the judgment appealed from must be and hereby is
Affirmed.
See
Miranda v. Arizona
,
The GRU is a unit of the MPD charged with recovering unregistered and otherwise illegal firearms in the District of Columbia, including through the execution of search warrants.
See also Soc. Sec. Admin., Social Security Numbers for Children [Publ'n No. 05-100023] (Dec. 2017), https://www.ssa.gov/pubs/EN-05-10023.pdf; Office of the Inspector Gen., Soc. Sec. Admin., Follow-Up of the Enumeration at Birth Program: Audit Report [A-08-06-26003] (Apr. 2006), https://oig.ssa.gov/sites/default/files/audit/full/pdf/A-08-06-26003_0.pdf.
See also Internal Revenue Serv., Child Tax Credit [Publ'n 972] (2017), https://www.irs.gov/publications/p972.
Appellant also suggests that the questioning here was impermissible under the routine booking exception because it did not take place at the time of booking. We implicitly rejected this argument in our en banc decision in
Jones
, where we held that questions asked at the scene of the arrest fell within the routine booking exception, and we also noted that this so-called exception is best viewed as an application of
Miranda
principles, under which "questions posed to a suspect regarding his identity are not reasonably likely to elicit an incriminating response."
Jones
,
We note that, even assuming arguendo that there had been a
Miranda
violation in this case, it would seem that the evidence in question would inevitably have been discovered.
See, e.g.
,
Logan v. United States
,
D.C. Law 1-85, § 101(9) (1976).
Pub. L. No. 90-351, Ch. 44, § 921(3), (18)(b)(1),
One additional federal circuit court has acknowledged this unanimity in an unpublished opinion.
United States v. Harris
,
This court analyzes self-defense under a similar framework: the government must prove the absence of self-defense only if some evidence in the case suggests that self-defense may be a valid defense.
See
,
e.g.
,
Hernandez v. United States
,
At trial, appellant's counsel asked one of the police officers whether he knew the age of the firearms, and he stated that he did not. The government then attempted to ask another officer when the firearms were manufactured, but appellant counsel's objected because the officer was not a qualified expert on the age of firearms; the trial court permitted questioning only as to the officer's personal experience, and the government asked no further questions on this point. This was the extent to which the issue was addressed at trial, and thus there was no actual evidence of the date of manufacture.
Reference
- Full Case Name
- James N. TOLER, Appellant, v. UNITED STATES, Appellee.
- Cited By
- 3 cases
- Status
- Published