United States v. Darrell Gene Glasgow

Good Law
451 F.2d 557·1971 U.S. App. LEXIS 6781
United States Court of Appeals for the Ninth CircuitDecember 3, 197171-1288California586 words

Opinion

Opinion

Glasgow was arrested on March 18, 1970, for having participated in an attempt to illegally import marijuana into the United States, a violation of 21 U.S. C. § 176a. Upon arrest, he was taken to a Yuma, Arizona police station for questioning. After being apprised of his constitutional rights, Glasgow stated that, although he would not sign a written waiver of his rights, he would coop erate and answer the interrogating officer’s questions. Glasgow was subsequently convicted of the charged offense. The statements he made during interrogation were admitted into evidence over his objection.

On appeal, Glasgow challenges the admissibility of the statements he made under questioning on two grounds. First, he claims that the Government failed to meet its “heavy burden” of showing that he knowingly and intélli-gently waived his privilege against self-incrimination and his right to be represented by counsel during interrogation. Miranda v. Arizona, 384 U.S. 436, 474 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Glasgow also contends that the statements were involuntary because the interrogating officer suggested that Glasgow might receive a “break” if he cooperated in the investigation. Both…

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