110 L. Ed. 2d 528 (1990). The Government, however, miscites Muniz.
In this portion in his opinion for himself and Justices O'Connor, Scalia and Kennedy, Justice Brennan was referring in Muniz to "routine booking questions" asked "to secure the biographical data necessary to expedite booking or pretrial services." Id. But the premise of the Muniz plurality was that the defendant was already subject to "booking" and therefore such "biographical data" was not investigatory and, thus, was exempt from Miranda's application. The ordinary English usage of the verb to book means that the defendant is already arrested.
That is to say, he could not have been booked unless he was arrested, and if such "routine booking questions" are to receive the Muniz vaccine they must be made as part of a lawful arrest. Manifestly, here they were not.
The Government's argument thus drives us to reaffirm our October 26 holding that Ortiz was arrested in the jetway. The information obtained minutes after that unlawful event was therefore necessarily linked to it.
A simple hypothetical further demonstrates the extravagance of the argument the Government makes here. Late one night three police officers randomly burst into a Philadelphia row home. They wake up the occupant and rummage through the house. Six to eight minutes later, one of the officers sees a card on a nighttable, bearing the name "Jose Ortiz." The occupant admits that is his name, and a computer check reveals three arrest warrants outstanding in that name. Ortiz is arrested. While leaving, Ortiz identifies the black bag near the card as his. The bag contains fourteen bricks of cocaine.
To accept the Government's argument here and apply it to the hypothetical, we would not suppress the bag's contents because the arrest would not be unlawful and "not achieved through the exploitation" of the illegal search.
But to find no link or "taint" in such a case would be to repeal the Fourth Amendment. The temporal and physical proximity of the identity admission to the wantonly unlawful search shows it to be the sap of the same poisoned tree.
We are ultimately fortified in our rejection of the Government's post-decision afterthoughts by referring to the law review commentary the Government proffered to us. The purpose of Wong Sun surely is "to prevent future violations, not punish past ones." To excuse what Detective Kosmalski did in this case, as the Government for the fourth time urges us to do, would be to encourage the lawlessness that took place here. Any modern air traveller can easily recognize himself or herself walking onto a jetway holding carry-on baggage, and looking remarkably like Ortiz on July 13, 1993. In order to protect those countless and innocent passengers from the kind of unwarranted seizure that occurred as Delta flight 904 discharged its passengers that day, we must adhere to our October 26, 1993 ruling and reject the Government's esprit de l'escalier.
AND NOW, this 8th day of November, 1993, upon consideration of the Government's motion to reconsider the Court's ruling of October 26, 1993 suppressing evidence, the defendant's response, and for the reasons set forth in the foregoing Memorandum, it is hereby ORDERED that the Government's motion is DENIED.
BY THE COURT:
Stewart Dalzell, J.