United States v. Jerry Delona Evans

Defendant Evans appeals his conviction for transporting illegal aliens. Two passengers in Evans’s car were identified as illegal *1287 aliens when he was in the process of seeking entrance into the Marine Corps Base at Camp Pendleton. He contends that incriminating statements which he made to a Border Patrol Agent the day after his arrest should have been suppressed because on the previous day he had stated to a Marine Corps Sergeant that he wanted an attorney. The Government argues that in view of the lapse of time, during which there were two intervening Miranda warnings, and the fact that Evans never again mentioned a desire for counsel, he had effectively waived his right to counsel.

Evans also argues that he was illegally detained by the guard at the entrance gate to Camp Pendleton at the time he sought entry. The Government urges that the brief detention, which lasted ten to 20 minutes — as long as it took to question the passengers in defendant’s car — was required as part of the legitimate screening procedure for all persons seeking to enter the military installation, and was moreover consented to by Evans himself.

There are but two issues:

We answer both questions in…

concurring:

I concur in the judgment of the court and, since appellant was held in custody *1288 after initially requesting counsel, I offer a further explanation of the circumstances of the waiver.

Appellant’s rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), were scrupulously honored by both the sergeant at Camp Pendleton and by the two border patrol agents. Appellant was twice informed of his rights at Camp Pendleton. On the day appellant was first detained the sergeant at the gate fully informed him of his rights as soon as the illegal aliens were discovered. Appellant was also advised that as a civilian he was not entitled to an appointed military attorney, but that civilian counsel would be appointed either by the court or when he was turned over to another agency. A border patrol agent arrived within forty-five minutes, and he also informed appellant of his Miranda rights. Neither the sergeant nor the agent questioned appellant. The following morning at the Chula Vista Border Patrol Station a second agent talked with appellant and appellant’s rights were explained a third time. At this point appellant spoke briefly to the agent. After…

575 F.2d 1286 UNITED STATES of America, Plaintiff-Appellee, v. Jerry Delona EVANS, Defendant-Appellant. No. 77-3665. United States Court of Appeals, Ninth Circuit. May 24, 1978. Kenneth McMullan (argued), San Diego, Cal., for defendant-appellant. Stephen V. Petix, Asst. U. S. Atty. (appeared), San Diego, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Southern District of California. Before BARNES and KENNEDY, Circuit Judges, and BARTELS, * District Judge. PER CURIAM: 1 Defendant Evans appeals his conviction for transporting illegal aliens. Two passengers in Evans's car were identified as illegal aliens when he was in the process of seeking entrance into the Marine Corps Base at Camp Pendleton. He contends that incriminating statements which he made to a Border Patrol Agent the day after his arrest should have been suppressed because on the previous day he had stated to a Marine Corps Sergeant that he wanted an attorney. The Government argues that in view of the lapse of time, during which there were two intervening Miranda warnings, and the fact that Evans never again mentioned a desire for counsel, he had effectively waived his right to…