Coyote v. United States, 9178.
| Decision Date | 23 June 1967 |
| Docket Number | No. 9178.,9178. |
| Parties | Willie Salt COYOTE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
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Thomas E. Davis, Albuquerque, N. M., for appellant.
Scott McCarty, Albuquerque, N. M., (John Quinn and John A. Babington, Albuquerque, N. M., with him on brief) for appellee.
Before MURRAH, Chief Judge, LEWIS, Circuit Judge and CHRISTENSEN, District Judge.
Appellant was convicted by jury trial and sentenced to five years imprisonment for violation of the Dyer Act, 18 U.S.C. § 2312. He brings this appeal urging that the trial court erred in admitting his written confession into evidence and in refusing to give his requested instruction concerning the confession.
The undisputed testimony discloses that on April 20, 1966, the New Mexico State Police arrested the appellant while in possession of a pickup truck reportedly stolen from the Dove Creek, Colorado, area earlier that day. The Federal Bureau of Investigation was advised that appellant was being taken to the Farmington, New Mexico, Police Department. When an F.B.I. Agent arrived at the Police Department, appellant was taken to the interview room where the Agent introduced and identified himself and advised appellant of his right to remain silent regarding the matter for which he had been arrested by the state police, but that if he did make a statement it could be used against him. He was informed that no threats or promises would be made to cause him to make a statement; that before making any statement he could consult a lawyer of his own choice and in the event he was without funds to hire a lawyer, the judge would appoint or provide one for him. Appellant indicated that he understood but had been drinking and was sleepy, whereupon he was given a cup of coffee and permitted to sleep. After about an hour, appellant was aroused and indicated he was in "better shape". The Agent again went through the procedure of identifying himself and repeated what he had told him concerning his constitutional rights. Appellant indicated that he understood and the Agent began questioning him regarding the truck in his possession at the time he was arrested, which he admitted having taken. After discussing the events leading to the arrest, the Agent began reducing the statement to writing. When it appeared the Agent was having trouble typing, appellant offered to type for him stating that he had been to Business College, was a proficient typist and also took shorthand. The Agent completed the typing and appellant signed the statement which recited everything the Agent had told him concerning his constitutional rights, specifically including the recitation that "I have also been told by Special Agent Jackson that I can talk to a lawyer or anyone before saying anything, and that the judge will get me a lawyer if I am broke." Appellant was thereafter charged and taken before the Commissioner where his rights were again explained to him, and he signed a written waiver of counsel.
The specific complaint here is that the mandate of Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed. 2d 694, 10 A.L.R.3d 974, was not observed because the clause in the written statement that "* * * I can talk to a lawyer or anyone before saying anything, and that the judge will get me a lawyer if I am broke" reflects that appellant was not informed with sufficient clarity of his right to a court appointed attorney at the time the statement was made. Thus he seems to say in effect that at most the Agent advised him only that he could talk to a lawyer before making the statement if he could afford to hire one, and that the judge would appoint a lawyer when he came to trial if he could not afford one.
When in the trial of the case objection was made to the statement, the jury was excused and Judge Bratton conducted an admissibility hearing. The Agent who took the statement testified that after going over it with appellant, he asked, "Do you understand this, Mr. Coyote?" Appellant replied, "Does this mean the judge will get me a lawyer if I am broke?", to which the Agent replied, "Yes". Appellant admitted the Agent told him he had a right to counsel before he made a statement but testified that the Agent told him he could have a court appointed lawyer only when he came to trial in Albuquerque. The Agent expressly denied saying anything at all about Albuquerque because he On cross-examination appellant admitted there was nothing in the statement about getting a lawyer in Albuquerque and that he had read the statement before signing it.
Counsel for appellant argued in the trial court, as here, that the wording and punctuation of the written statement itself supports his client's understanding of the advice given to him by the Agent. Specifically he says that the comma preceding the phrase "and the judge will get me a lawyer if I am broke" renders the sentence susceptible of the interpretation that court appointed counsel would be available only after appellant had been before the judge.
The trial court, after considering the testimony and the signed, written statement, rejected appellant's contention concluding that The statement was thereupon admitted.
Surely Miranda is not a ritual of words to be recited by rote according to didactic niceties. What Miranda does require is meaningful advice to the unlettered and unlearned in language which he can comprehend and on which he can knowingly act. We will not indulge semantical debates between counsel over the particular words used to inform an individual of his rights. The crucial test is whether the words in the context used, considering the age, background and intelligence of the individual being interrogated, impart a clear, understandable warning of all of his rights.
It is, of course, always open to an accused to subjectively deny that he understood the precautionary warning and advice with respect to the assistance of counsel. When the issue is raised in an admissibility hearing, i. e. see McHenry v. United States, 10 Cir., 308 F.2d 700, it is for the court to objectively determine whether in the circumstances of the case the words used were sufficient to convey the required warning.
This very situation emphasizes the necessity to observe Rule 5(a) F.R. Crim.P. requiring an arresting officer to take an arrested person before a Commissioner without "unnecessary delay". The manifest purpose of 5(a) is to make sure that an accused person is fully advised of all of his constitutional rights by a judicial officer — not an enforcement officer — before he makes any incriminating statement. See Mallory v. United States, 354 U.S. 449, 77 S.Ct. 1356, 1 L.Ed.2d 1479; Miranda v. State of Arizona, supra. We have recently had occasion to re-emphasize that the intent of 5(a) is "* * * to prevent unnecessary delay during which time arresting officers...
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