*fn1,The opinion of the court was delivered by: Mack, Senior Judge,Christian G. Lamar, Public Defender Service, with whom James Klein and Samia Fam, Public Defender Service, were on the brief, for appellant. Susan A. Nellor, Assistant United States Attorney, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, and John R. Fisher, and Thomas C. Black, Assistant United States Attorneys, were on the brief, for appellee.,ELTON R. JONES, APPELLANT, v. UNITED STATES, APPELLEE." />

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Jones v. United States

March 04, 1999*fn1

ELTON R. JONES, APPELLANT,
v.
UNITED STATES, APPELLEE.



Before Schwelb and Reid, Associate Judges, and Mack, Senior Judge.

The opinion of the court was delivered by: Mack, Senior Judge

As amended March 2, 2000.

ELTON R. JONES, APPELLANT,
v.
UNITED STATES, APPELLEE.

Christian G. Lamar, Public Defender Service, with whom James Klein and Samia Fam, Public Defender Service, were on the brief, for appellant. Susan A. Nellor, Assistant United States Attorney, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, and John R. Fisher, and Thomas C. Black, Assistant United States Attorneys, were on the brief, for appellee.

Before Schwelb and Reid, Associate Judges, and Mack, Senior Judge.

The opinion of the court was delivered by: Mack, Senior Judge

 Appeal from the Superior Court of the District of Columbia (Hon. Ronna Beck, Trial Judge)

ON PETITION FOR REHEARING

Argued March 6, 1998

Opinion for the court by Senior Judge Mack.

Dissenting opinion by Associate Judge Schwelb.

In this court, appellant Jones challenges his conviction on one count of possession of a controlled substance (in violation of D.C. Code § 33-541 (d)), and the denial of his motion to suppress statements made by him while in custody and before he had been advised of his Miranda *fn2 rights. We agree with his contentions and, therefore, reverse.

I.

Briefly, the facts may be summarized as follows: At the hearing on appellant's pretrial motion to suppress, the government called Officer Diane Groomes, who testified that at 9:30 p.m., on a November evening, she was driving a scout car (along with two foot patrolmen) when they saw appellant and two other men (whom Groomes knew "real well") standing on the sidewalk of a narrow one-way street. As the three officers approached in the scout car, they saw appellant drop two ziplock bags at his feet. Officer Groomes quickly stopped the car and within seconds all three officers, in full uniform and armed, alighted and approached the group on the sidewalk.

At the approach of the officers, appellant appeared to panic; he picked up a beer bottle and moved it to his mouth. One of the officers picked up the ziplock bags (each of which contained a white rock) and handed them to Groomes who ordered the two men ...


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