James Edward Elmer v. United States

Good Law
378 F.2d 672
United States Court of Appeals for the Ninth CircuitJune 5, 196721264_1California277 words

Opinion

Opinion

From the testimony of the arresting officer, the district court could conclude, as by necessary implication it did, that when appellant accompanied the police officer to the station and made statements regarding the offense he acted voluntarily and with knowledge of his rights; that the arrest occurred thereafter, and hence was supported by probable cause; and that the search of appellant’s wallet followed immediately upon the arrest and was incident to it. Appellant’s arguments, resting on the premise that the arrest occurred when the officer first contacted appellant and was unlawful because unsupported by probable cause, must therefore fall.

From the whole of the evidence, the district court could also conclude, as it did, that the appellant’s statements to the police officer, and subsequently to the FBI agent, were voluntary, and not the product of a will overborne by alcohol and police pressure as appellant, contended.

The district court may have thought, mistakenly, that a guilty plea could be valid because “voluntary,” even though induced by prior violation of the accused’s constitutional rights. It is clear now, if it was not then, that “A guilty plea primarily motivated…

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