United States v. Larry Eugene Cook

Appellant, convicted by a jury and sentenced to 30 months imprisonment for a violation of the Dyer Act, 18 U.S. C. § 2312, raises two contentions on his appeal:

(1) That admissions made by him to the arresting officer were improperly received in evidence against him in violation of the rule of Miranda v. Arizona, (1966) 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 and Jackson v. Denno (1963) 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 ; and

(2) That the district court erred in not ordering a second psychiatric examination under 18 U.S.C. § 4244 and in its determination of appellant’s competency to stand trial.

I

THE ADMISSIONS WERE PROPERLY RECEIVED IN EVIDENCE.

On June 13, 1968 appellant was stopped by a police officer in Vacaville, California, for failing to make a boulevard stop. A radio check revealed that the truck appellant was driving was a stolen vehicle, owned by an Arizona company. Appellant was arrested and searched, and credit cards stolen from the company were found in his wallet. The officer also found, in the glove compartment of the truck, a total of 51 receipts from purchases made by appellant with the credit cards.

The arresting officer then advised…