United States v. Herbert Arthur Osterburg

Osterburg appeals his conviction for having smuggled and concealed narcotics in violation of 21 U.S.C. §§ 173 , 174. He argues that certain oral statements which he made to police officers should have been excluded from evidence upon the authority of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

Osterburg drove a vehicle across the American-Mexican border at approximately 9 p.m. on September 18, 1969. American border officials searched the vehicle and, under the back seat, discovered approximately one pound of heroin. Osterburg was arrested and questioned, but he declared nothing incriminatory at that time. At approximately 10:50 p.m. he was presented with a written document that advised him of his rights in the terms of the Miranda requirements. While the document was not read to Osterburg, one of the two interrogating officers testified that he asked Osterburg if he understood the warning and that Osterburg replied that he did. Osterburg does not dispute this testimony, but he claims that he requested an attorney at this time. The testimony of the officers was somewhat equivocal as to this alleged request, but one officer testified that he did not…