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UNITED STATES v. RITTER

No. 71-1159.

456 F.2d 178 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Eugene RITTER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 16, 1972.

Attorney(s) appearing for the Case

Victor R. Ortega, Stephen L. ReVeal, Albuquerque, N. M., and Mark B. Thompson, III, Las Cruces, N. M., for plaintiff-appellee.

Walter R. Parr, Window Rock, Ariz., for defendant-appellant.

Before HOLLOWAY and DOYLE, Circuit Judges, and DAUGHERTY, District Judge.

DAUGHERTY, District Judge.

After failing to pay for gas at Las Cruces, New Mexico, Appellant and his companion were stopped in a car by a New Mexico State Policeman. The car appeared to the officer to be "hotwired". Appellant was arrested, given the Miranda warnings before being placed in the patrol car and again after being placed therein. Appellant refused to sign a waiver of rights form. The companion in the Appellant's car was questioned separately. Their stories...

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