James Melvin Lucas v. United States

Good Law
408 F.2d 835·1969 U.S. App. LEXIS 13271
United States Court of Appeals for the Ninth CircuitMarch 13, 196921951California486 words

Opinion

Opinion

Plummer, J.

James Melvin Lucas was convicted by a jury in the United States District Court for the District of Arizona on two charges of passing counterfeit obligations of the United States in violation of 18 U.S.C.A. § 472 . A timely appeal was taken to this court which has jurisdiction under 28 U.S.C. § 1291 .

The question presented by this appeal is whether statements made to law enforcement officers and admitted into evidence against appellant were obtained during custodial Interrogation in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

On the evening in question, appellant paid for drinks at JD’s night club in Scottsdale with a counterfeit twenty dollar bill. The manager, Kenneth Thomson, called the Federal Bureau of Investigation and then the Sheriff’s Office. In response to his call, Arthur C. Felix, a Maricopa County Deputy Sheriff, went to JD’s night club.

Upon his arrival, he saw appellant in the company of Deputy Sheriff Wellington and Mr. Deskin. Shortly thereafter, they were joined by Kenneth Thomson, Deputy Bray and Deputy Moreno in the parking lot at the south side of the night club. The latter two deputies arrived while Deputy Felix…

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