LATHERS v. UNITED STATES

No. 24226.

396 F.2d 524 (1968)

David Matthew LATHERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

May 23, 1968.


Attorney(s) appearing for the Case

William Liston, Winona, Miss., for appellant.

Robert E. Hauberg, U. S. Atty., E. Donald Strange, Asst. U. S. Atty., Jackson, Miss., for appellee.

Before RIVES, GOLDBERG and AINSWORTH, Circuit Judges.


GOLDBERG, Circuit Judge:

We consider both the legality of an arrest without a warrant and the Miranda caveats, and, while finding no cause to impeach the arrest, we are convinced that Miranda precepts were traduced.

David Matthew Lathers, a resident of Arlington, Virginia, was arrested by state officers in Jackson, Mississippi, after attempting to sell a truck which was in his possession and which had been stolen from a used car lot in Washington...

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