William George Reinke, Jr. v. United States

William Reinke was convicted in the United States District Court for the District of Arizona of interstate transportation of a stolen motor vehicle, in violation of 18 U.S.C. § 2312 (the Dyer Act). This court has jurisdiction over the appeal under 28 U.S.C. § 1291 .

Appellant’s sole contention on this appeal is that the trial judge erred by permitting an FBI agent, Kenneth Pless, to testify to certain statements made to him by the appellant after the appellant had been arrested. On January 3, 1967, appellant appeared with appointed counsel at a preliminary hearing before a United States Commissioner. At the preliminary hearing the appellant was advised by the Commissioner of his constitutional rights. Following the hearing, appellant was taken to the county jail by agent Pless to be photographed. Agent Pless had been present at the hearing and knew that appellant was represented by counsel. While the appellant was being photographed by agent Pless, he informed the agent that he would like to speak to him and get the matter “straightened out.” Appellant testified that his decision to speak to the agent was his alone. Agent Pless informed the appellant of his rights to remain…