Oscar Butler, Jr. v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, California

Butler a state prisoner, in the custody of the appellee Warden, serving a sentence imposed by a California State court for the conviction of a charge of possession of heroin, sought habeas corpus in the United States District Court for the Northern District of California. He had made a belated attempt to appeal his original conviction but failed to file notice of appeal within the time required by the California rules relating thereto. However, he did petition the California District Court of Appeal and the California Supreme Court for writs of habeas corpus, which petitions were denied.

Butler asserts that police officers on January 20, 1961, entered his house while he was present. He did not consent to their entry. They took Butler in custody pursuant to a warrant based upon a charge of a traffic violation. While the officers were leaving the house with appellant they noticed a package asserted to be heroin outfit containing heroin and a hypodermic needle. They asked Butler about these things and he admitted that they were his.

Butler asserts that at the time he made this admission he was not advised by the officers of his right to counsel or his right to remain silent or that…