United States v. Indian Boy X

The major issue before us is whether the juvenile appellant’s murder confession should have been suppressed due to noncompliance on the part of tribal police and Federal Bureau of Investigation (F.B.I.) agents with 18 U.S.C. § 5033 , which requires the “forthwith” presentation of an arrested juvenile before a United States Magistrate. Appellant, Indian Boy “X,” made a full confession of both an assault of one victim and a murder of another in an interview at an F.B.I. office in the State of Washington on Friday, May 14, 1976, five days after the incident.

The crimes were apparently nearly contemporaneous. The appellant admitted the assault to a tribal police chief at about noon on May 14. (Tr. 35). The second confession to the assault was made at about 2:15 p. m. the same day at the F.B.I. office. (Tr. 116-119). The murder confession followed at about 3:00 p. m. at the F.B.I. office. (Tr. 123). Appellant’s parents were present at the time of waiver of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), rights, and at the time of the confessions. The appellant was not brought before a United States Magistrate until the following Monday, and now argues that…