Arnold Lowe v. United States
Opinion
Opinion
Carter, J.
Appellant was convicted of a violation of the Dyer Act and appeals.
THE QUESTION
The appellant contends that unconstitutionally obtained statements made by him, were used against him at his trial. There is no disagreement as to the facts surrounding the questioning of the appellant by an Arizona Deputy Sheriff; the four-fold warnings set forth in Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 , 10 A.L.R.3d 974 (1966) were not given. Therefore, the questions for this court to determine are: (1) whether appellant was in “custody or otherwise deprived of his freedom of action in any significant way,” as defined by Miranda, 384 U.S. at 444 , 86 S.Ct. at 1612 , and (2) were the warnings required under the facts of this case.
FACTS
At approximately 8:00 o’clock in the evening of February 6, 1967, Russell Dunham, Deputy Sheriff of Yavapai County, Arizona, stopped a 1965 Dodge Monaco with Ohio license. The auto had been travelling west on Route 66 in an erratic manner. Appellant Lowe, the driver, and one passenger were in the auto when Deputy Dunham approached and began his inquiry.
The officer first asked that appellant present his driver’s license and vehicle…