Professional Documents
Culture Documents
United States v. Pipkin, C.A.A.F. (2003)
United States v. Pipkin, C.A.A.F. (2003)
v.
Thomas S. PIPKIN, Senior Airman
U.S. Air Force, Appellant
No. 02-0837
Crim. App. No. 34585
________________________________________________________________
United States Court of Appeals for the Armed Forces
Argued April 2, 2003
Decided June 26, 2003
BAKER, J., delivered the opinion of the Court, in which CRAWFORD,
C.J., GIERKE, EFFRON, and ERDMANN, JJ., joined.
Counsel
Military Judge:
James L. Flanary
following issue:1
WHETHER THE MILITARY JUDGE ERRED BY NOT GRANTING
DEFENSE COUNSELS MOTION TO SUPPRESS APPELLANTS
WRITTEN AND ORAL STATEMENTS TO OSI WHEN OSI DID NOT
TELL THE APPELLANT HE WAS UNDER INVESTIGATION FOR
CONSIPIRACY.
For the reasons that follow, we hold that the military
judge did not err.
FACTS
On July 31, 2000, Air Force Office of Special
Investigations (OSI) special agents (SAs) Hartwell and Ji
interviewed Airman First Class (A1C) Skinner about
Argument was heard in this case at the Roger Williams University, Ralph R.
Papitto School of Law, Bristol, Rhode Island, as part of this Court's Project
Outreach. See United States v. Allen, 34 M.J. 228, 229 n.1 (C.M.A. 1992).
He also
While
was asked was whether he knew why he had been brought in for an
interview.
Force Form 1168,2 which in block III indicates that Appellant was
advised that he was suspected of a violation of Article 112a,
UCMJ, 10 U.S.C. 934 (2000) wrongful use and possession of a
controlled substance.
form does not cite to Article 81, nor indicate that Appellant
was suspected of distribution of a controlled substance, or
conspiracy to distribute drugs.
While Appellant was writing his statement, the SAs took a
break to confer with SAs Hartwell and Ji, who were interviewing
SrA Georgianna.
According to SrA
However,
Appellant said he had given A1C Skinner only $1,500 and not
$2,000.
this effect.
Appellant was subsequently charged with use of marijuana,
use of ecstasy and conspiracy to distribute ecstasy.
At trial,
In United
Moreover,
This Court
The factors cited are not exhaustive, but are among the
[N]ecessarily, in
questions of this type, each case must turn on its own facts.
United States v. Nitschke, 12 C.M.A. 489, 492, 31 C.M.R. 75, 78
(1961).
Simpson,
54 M.J. at 284.
That being said, we pause for a moment to consider the
discrepancy between SA Ferrells testimony that Appellant was
orally warned that he was suspected of use, possession, and
distribution of controlled substances, and the Air Force Form
1168, which indicates only that the Appellant was informed that
he was suspected of use and possession of a controlled
substance.
Id. at 283.
The military judge concluded that the Government had met its
burden in this case.
Appellants response to
10