United States v. Gregorio Rosario Camacho

Good Law
506 F.2d 594·1974 U.S. App. LEXIS 6218
United States Court of Appeals for the Ninth CircuitNovember 5, 197474-1995California805 words

Opinion

Opinion

Burns, J.

Appellant (Camacho) was convicted for making false statements ( 18 U.S.C. § 1001 ) resulting from his use of an invalid active duty military identification card. We are asked to decide whether his production of this card in response to a military security officer’s request for identification was a violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966).

Appellant Camacho received an Army discharge in February of 1972, at which time he was supposed to, but apparently did not, turn in his military I.D. Thereafter, he made use of the identification card to make purchases in a Naval Exchange store located on the Naval Air Station on Guam and also to obtain a Navy automobile identification decal. As a result of these falsifications, Navy security personnel became suspicious of Camacho. On June 17, 1973, Camacho was approached by several security officers while on the Naval Air Base. The Chief Naval Station Security Officer asked him to identify himself. Appellant responded by producing the invalid identification card, which was thereupon confiscated by the Security Officer on the basis that it was illegally possessed. Appellant was arrested only…

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