United States v. Donald Gene Booth

The government, pursuant to 18 U.S.C. § 3731 , appeals the district court’s pretrial orders suppressing and excluding: (1) certain statements made by Booth in response to questioning before Miranda warnings were given; (2) the identification testimony of three of five bank robbery eyewitnesses; (3) a list of gun stores and ammunition; and (4) the testimony of the government’s fingerprint expert. The government also appeals the district court’s evidentiary ruling allowing Booth’s expert witness to testify regarding visual identification and the district court’s order dismissing the indictment. We affirm in part, and reverse and remand in part.

I

At 11:15 a.m. on April 30,1980, the Sandy Boulevard Branch of the United States National Bank was robbed by three men wearing Halloween masks and gloves, and arm ed with hand guns and an automatic weapon. A fourth person drove the get-away car. Over $32,000 was stolen.

Shortly after the robbery, a description of the perpetrators was broadcast over the police radio. One of the suspects was described as follows:

Less than one hour later, Officer Mitc-ham of the Portland Police Bureau observed Booth walking in an area 3'/2 miles from the…