United States v. Herbert Arthur Osterburg

ELY, Circuit Judge.

Osterburg appeals his conviction for having smuggled and concealed narcotics in violation of 21 U.S.C. §§ 173, 174. He argues that certain oral statements which he made to police officers should have been excluded from evidence upon the authority of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Osterburg drove a vehicle across the American-Mexican border at approximately 9 p.m. on September 18, 1969. American border officials searched the vehicle and, under the back seat, discovered approximately one pound of heroin. Osterburg was arrested and…