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UNITED STATES v. GOOSBEY

No. 19511.

419 F.2d 818 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Roy L. GOOSBEY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

January 7, 1970.

Attorney(s) appearing for the Case

John J. Getgey, Jr., Cincinnati, Ohio, for appellant, White, Getgey & Dennison, and Andrew B. Dennison, Cincinnati, Ohio, on brief.

Robert A. Steinberg, Asst. U. S. Atty., Cincinnati, Ohio, for appellee, Roger J. Makley, U. S. Atty., on brief.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

O'SULLIVAN, Senior Circuit Judge.

While in custody and then suspected of mail theft, appellant Goosbey consented to a search of his locker at the place of his employment. He had, prior thereto, been given the Miranda and Escobedo warnings. The question before us is whether it was also necessary that Goosbey be told of his Fourth Amendment rights before his consent to the search was requested. Goosbey's motion to suppress incriminating evidence obtained...

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