Emil Klamert v. Hoyt Cupp, Warden, Oregon State Penitentiary

Emil Klamert, a prisoner of the State of Oregon, appeals from a district court order, entered after an evidentiary hear ing, denying his application for a writ of habeas corpus. The conviction has been upheld by the Supreme Court of Oregon, Oregon v. Klamert, 253 Ore. 485 , 455 P.2d 607 (1969).

The question presented is whether, either as a matter of law or fact, Kla-mert’s oral confession to a police officer, while under arrest and enroute from one police station to another in a police car, was constitutionally inadmissible because of alleged prior custodial police interrogations which drew no immediate answers, which interrogation was not accompanied by adequate Miranda (Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 [1966]) warnings.

Klamert was arrested about 1:00 p. m., August 9, 1967, as a result of the shooting of a Portland, Oregon, police officer, Floyd T. Embree. The testimony is in conflict as to whether Klamert was questioned at his home, where the shooting occurred and the arrest was made. In any event Klamert made no statement to the police at his home after the arrest. Shortly after his arrest Klamert was placed in a police car and driven to…