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UNITED STATES v. NOA

No. 26484.

443 F.2d 144 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Lambert David NOA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 25, 1971.

Attorney(s) appearing for the Case

John S. Edmunds, Chief Deputy Public Defender (argued), Brook Hart, Public Defender, Honolulu, Hawaii, for appellant.

Harold M. Fong, Asst. U. S. Atty. (argued), Joseph M. Gedan, Asst. U. S. Atty., Robert K. Fukuda, U. S. Atty., Honolulu, Hawaii, for appellee.

Before KOELSCH, CARTER and KILKENNY, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

Appellant appeals his convictions of theft of mailed matter, in violation of 18 U.S.C. § 1708, on the ground that (1) no adequate Miranda warning of the right to appointed counsel prior to questioning was given to him before his confession to Federal Postal Authorities and (2) no warning of the right to refuse to permit a warrantless search was given to him prior to his consent to a search of his vehicle. We affirm.

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