United States v. Victor Charles Four Star

Victor Four Star was convicted of burglary on an Indian reservation in violation of 18 U.S.C. § 1153 . He raises two contentions on appeal.

His first contention is that certain admissions made to an FBI agent should have been excluded at trial on the ground that the agent denied him the effective assistance of counsel by interrogating him in the absence of, and without notice to, his appointed counsel.

Defendant was arrested by local police in Great Falls, Montana, on May 1, 1969, and charged with driving without a valid driver’s license and burglary. While booking him on these charges, a police officer began to recite the Miranda warnings. Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Defendant interrupted the officer, stating that he had heard the warnings before and was aware of his rights. The following day defendant was delivered into the custody of an FBI agent, who took him before a United States Commissioner. He waived proceedings before the Commissioner and asked to be bound over to the district court. The Commissioner appointed an attorney to represent him. The FBI agent then accompanied defendant to the county jail. There, he proceeded to…