United States v. John Henry Harris, 528 F.2d 914 (4th Cir. 1976). · Go Syfert
United States v. John Henry Harris, 528 F.2d 914 (4th Cir. 1976). Cases Citing This Book View Copy Cite
9 citation events across 6 distinct courts.
Strongest positive: United States v. Gerald Victor Boucher (ca8, 1990-07-27)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Gerald Victor Boucher
8th Cir. · 1990 · confidence medium
United States v. Harris, 611 F.2d 170, 173 (6th Cir.1979) (questioning of suspect in his hotel room as to whether he had a weapon did not require Miranda warnings); United States v. Harris, 528 F.2d 914, 915 (4th Cir.1975) (inquiry by federal agents as to whether suspect had a gun was not a “custodial interrogation” requiring Miranda warnings because agents had previously observed the gun and exercised no control over the suspect other than temporary detention and search), cert. denied, 423 U.S. 1075 , 96 S.Ct. 860 , 47 L.Ed.2d 86 (1976).
discussed Cited as authority (rule) State v. Thomas
Mo. Ct. App. · 1984 · confidence medium
United States v. Harris, 611 F.2d 170, 172-173 [1, 2] (6th Cir.1979); United States v. Harris, 528 F.2d 914, 915 [1, 2] (4th Cir.1975), cert. denied 423 U.S. 1075 , 96 S.Ct. 860 , 47 L.Ed.2d 86 (1976).
cited Cited as authority (rule) United States v. Craigen Dewayne Harris
6th Cir. · 1979 · confidence medium
The court held that under the particular facts of that case, “there was no ‘potentiality for compulsion’ or other consideration to bring Miranda into play.” United States v. Harris, supra at 915.
discussed Cited as authority (rule) United States v. Schultz
D. Maryland · 1977 · confidence medium
In United States v. Harris, supra at 914, ATF agents, while responding to a reliable tip that defendant in that case was in an alley with a gun in his pocket, approached that defendant with the intention of arresting him.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellant,
v.
John Henry HARRIS, Appellee
75--1317.
Court of Appeals for the Fourth Circuit.
Jan 19, 1976.
528 F.2d 914
Charles L. Beard, Asst. U. S. Atty., and (William B. Cummings, U. S. Atty., on brief), for appellant., Lawrence H. Framme, III, Richmond, Va. (McGuire, Woods & Battle, Richmond, Va., on brief), for appellee.
Haynsworth, Winter, Craven.
Cited by 6 opinions  |  Published
HAYNSWORTH, Chief Judge.

A federal grand jury indicted John Henry Harris for possession of a firearm that bore no serial number and that was unregistered. 26 U.S.C. § 5861(d), (i). He made a motion to suppress the weapon, which the district court granted. Before trial, the Government appeals that decision.

On August 28, 1974 an agent of the Alcohol, Firearms and Tobacco Division received a call from an informant known[*915] ■'to be reliable. The informant stated that a man wearing certain clothes was standing in an alley and was carrying a .410 gauge shotgun-pistol. Two agents immediately went to the described location. As they approached, they observed a man, fitting the informant’s description, standing in the alley. They saw a portion of a pistol protruding from a pocket of his trousers. One agent testified that at that point he would have arrested Harris. Instead of formally arresting him, however, they continued to approach. One identified them as federal agents and inquired whether the defendant had a gun. Harris responded affirmatively, and began to draw the pistol from his pocket, at which time one agent grabbed his arm and took the pistol. Only after the seizure did the agents warn Harris of his constitutional rights.

The district court granted the motion to suppress on the ground that the pistol was obtained as a result of police questioning in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The court laid great stress on the agent’s statement that he was going to arrest Harris after his observations, but before the question. Even assuming that the question was improper, however, the weapon should not have been suppressed. It was in no way a product of a Miranda violation; the agents knew as much about the pistol before the question as after it. In this case it is undisputed that the agents could have walked directly up to Harris, detained him, and frisked him. The product of such a search would have been admissible. The circumstance that they politely asked about the pistol, instead of forcibly seizing it, makes it no less admissible.

Additionally, we do not think that the agent’s question was “custodial interrogation” for which a Miranda warning was required. In United States v. Gibson, 4th Cir., 392 F.2d 373, [1] we upheld the admission of the product of a similar question. In that case an anonymous informant told the police that Gibson was driving a stolen car, which he described in appearance and by license number. In a records check the officer discovered that the license plate had been reported lost or stolen and that it had not been issued to Gibson. Later, he found the car parked near a tavern in which Gibson was located. The officer asked Gibson to step outside and then inquired whether the car belonged to him. At first, the suspect denied ownership, but immediately changed his story and admitted it. He produced a registration slip for the vehicle, which appeared to the officer to have been altered. In Gibson we held that the police questions and Gibson’s answers and the registration were admissible although no Miranda warning was given.

In Harris’ case the agents were more confident that they had the right man, but in Gibson the investigation equally had focused on a single individual. The agents exercised no control over Harris other than approaching him, while in Gibson the officer had asked him to step outside. Both encounters were quite brief. Under the circumstances of this case, we think that there was no “potentiality for compulsion” or other consideration to bring Miranda into play.

Accordingly, the decision of the district court is reversed.

Reversed.

1

. Cf. Orozco v. Texas, 394 U.S. 324, 89 S.Ct. 1095, 22 L.Ed.2d 311 (1969).