Merchant

Merchant was convicted of a violation of Penal Code, section 12021, which prohibits felons from possessing concealable firearms. He contests the admissibility of evidence obtained from him before he had been properly advised of his constitutional rights.

Officer Garrison of the Los Angeles Police Department was told by a woman informant that an ex-convict had a gun in his room at a certain address. Garrison concluded the ex-convict was John Joseph Merchant. On 3 May 1966, Garrison and another officer went to the address they had been given, at which they found a one-story house of about five rooms. Before they could knock, appellant Joseph Arnold Merchant opened the inside front door of the house. The outside screen door remained closed. Through the closed screen door Officer Garrison asked appellant if his name was John Joseph Merchant, if he was an ex-convict, and if it was true he had a gun in his possession. When appellant answered each of these questions affirmatively, he was told he was under arrest.

Officer Garrison advised Merchant he could remain silent, he could consult counsel, and his statements might be used against him. Garrison then asked where the…