406 F.2d 44 (10th Cir. 1969), 10186, Holbrook v. United States

Docket Nº:10186.
Citation:406 F.2d 44
Party Name:Glenn John HOLBROOK, Jr., Appellant, v. UNITED STATES of America, Appellee.
Case Date:January 21, 1969
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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406 F.2d 44 (10th Cir. 1969)

Glenn John HOLBROOK, Jr., Appellant,

v.

UNITED STATES of America, Appellee.

No. 10186.

United States Court of Appeals, Tenth Circuit.

January 21, 1969

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         Clayton W. Bell, Boulder, Colo., for appellant.

         Lawrence M. Henry, U.S. Atty., Denver, Colo., for appellee.

         Before LEWIS, HILL and SETH, Circuit Judges.

         HILL, Circuit Judge.

         The appellant, Glenn John Holbrook, was tried to a jury and convicted of the unlawful transportation of a stolen motor vehicle from Wilson, Kansas, to Denver, Colorado, in violation of 18 U.S.C. § 2312. On this direct appeal, appellant contends that an automobile ignition key obtained from his person at the time of his arrest was obtained by means of an unlawful search and seizure and should not have been admitted into evidence. He further contends that a confession that was obtained during his subsequent incarceration in the Denver city jail was involuntarily given and likewise inadmissible.

         The events leading up to the arrest and search of the appellant began late on the night of September 20, 1967. At that time, two Denver police officers were walking a patrol assignment on Larimer Street in that city when they were approached by a man who identified himself as being one James Gibson. He informed the officers that while hitchhiking to Denver he had secured a ride in a grey-blue 1963 Chevrolet station wagon whose driver had boasted of having eluded the police after a high-speed chase somewhere in kansas. The officers relayed this information to other police officers and then resumed their normal duties. Approximately one hour later, the officers observed the vehicle in question parked in front of a local tavern. Upon approaching the automobile, they were again met by James Gibson who told them that was the car he had referred to previously. After further stating that the driver was inside the tavern, Gibson proceeded to point through a tavern window and identify the appellant. The officers then accosted the appellant, placed him under arrest, and upon searching him discovered the ignition key that was later admitted into evidence.

         The officers escorted the appellant to Denver police headquarters where he was there confined in the city jail. The following morning, after having various discussions with local authorities, the

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appellant conferred with two F.B.I. agents who had been notified that the appellant was being held for investigation of automobile theft. 1 The agents obtained a signed waiver of rights before interrogating the appellant and obtaining his confession. The confession indicated that...

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