United States v. Walter J. Connell, Jr.

In this appeal, Walter Connell challenges his conviction for theft of personal property within the special maritime and territorial jurisdiction of the United States in violation of 18 U.S.C. § 661 (1982). He claims that the Miranda warnings he was given were inadequate and that suppression of his subsequent confession was therefore required. Because we conclude that the warnings Connell received failed adequately to apprise him of his right to appointed counsel, if he could not afford one, we reverse.

I. BACKGROUND

On September 23, 1985, Walter Connell was arrested pursuant to a report that he was driving a vehicle the rear tires of which had been stolen. Because the theft allegedly took place on the grounds of Fort Shatter, a military installation in Hawaii, it fell within the jurisdiction of the United States and was handled by the military police. After he was taken into custody, Connell was advised of his Miranda rights by Anthony Hirsch, a military police investigator. As was his usual practice, Officer Hirsch handed Connell a standardized Miranda waiver form and asked him to read his rights from the front of the form. While Connell was doing this, Officer Hirsch advised…