statements, and that he was denied access to a lawyer on May 28, 1971.
Tuggles was given his constitutional warnings on at least three occasions during the investigation. These were given to him immediately preceding the three statements which are in issue. The warnings, two by the F.B.I. and one by the Philadelphia police, were on printed forms which are used by those agencies at all times. These forms informed the accused of his rights to remain silent and to have counsel as required in Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966).
The manner in which the warnings are given does not matter if the person understands his rights. Bell v. United States, 382 F.2d 985 (9 Cir. 1967); see United States v. Johnson, 426 F.2d 1112 (7 Cir. 1970); cf. United States v. Goldsmith, 274 F. Supp. 494 (E.D. Pa. 1967). The F.B.I. on both occasions gave the waiver form to the defendant to read. The Third Circuit has recently held that a person who was given this form to read had been sufficiently warned under the Miranda standards if he understood what he read. United States v. Chapman, 448 F.2d 1381 (3 Cir., filed September 28, 1971). Tuggles was alert on both occasions. He demonstrated that he could understand the written warning on May 28, 1971, when he pointed to the sentence in the form concerning his right to a lawyer and asked if there was one available at the F.B.I. office. The warning given by Detective Connors on May 28, 1971, was given orally. Tuggles did not ask any questions and indicated to the officer that he understood. The defendant demonstrated during the hearing his ability to understand legal rights and procedures.
He has provided no evidence or testimony which indicates that he did not understand the warnings. The written and oral warnings adequately informed the defendant of his constitutional rights.
Tuggles spoke voluntarily with F.B.I. agents on May 26, 1971, at the South Philadelphia Detective Division. He was under no restraint. Lt. Lavin testified that he was free to go at any time. The defendant never indicated that he changed his admitted belief that he was not under arrest. He did not complain or demonstrate a desire to leave. Since he spoke with the agents freely, and was properly warned, the rule in Davis v. Mississippi, supra, was not violated. United States v. Holland, 438 F.2d 887 (6 Cir. 1971).
The defendant claims that the statements obtained from him on May 28, 1971, are tainted by an illegal detention on May 27, 1971. Wong Sun v. United States, 371 U.S. 471, 83 S. Ct. 407, 9 L. Ed. 2d 441 (1963) held that a statement which is the immediate result of an illegal arrest must be suppressed. Tuggles claims that the detention on May 27, 1971, was an illegal arrest which created an atmosphere of coercion and intimidation which resulted in the statements made on May 28, 1971.
The fact that statements are made at some time after an illegal arrest does not necessarily mean that the statement is tainted by it. The proper test is whether the confession is sufficiently free of the oppressive circumstances surrounding an illegal arrest to assure that it was voluntary. Wong Sun v. United States, supra at 486, 83 S. Ct. 407. In Wong Sun six or seven agents broke down a door to follow the defendant into his bedroom and arrested him there without probable cause. The Court held that a statement taken at that time derived so immediately from the coercive circumstances that it was inadmissible.
The present case lacks similar oppressive and coercive circumstances even if there were an illegal arrest on May 27, 1971. Tuggles was not intimidated or harassed in any manner while at the police station on May 27, 1971. He was completely free from 4 P.M. on May 27, 1971, until 8:30 A.M. on May 28, 1971. He slept in his own bed that night. In Wong Sun, the Court found that the connection between an illegal arrest and a statement several days later became "so attenuated as to dissipate the taint." 371 U.S. at 491, 83 S. Ct. at 419. A confession given three hours after an illegal arrest has been found to be sufficiently free of oppressive circumstances to satisfy the requirements of Wong Sun. Rogers v. United States, 330 F.2d 535 (5 Cir. 1964). Tuggles' statements on May 28, 1971, were free from any coercive taint which might have resulted from his detention on May 27, 1971.
The defendant's next claim is that the arrest on May 28, 1971, was illegal and that the confessions obtained incident to that arrest should be suppressed. An arrest is legal, even without a warrant, where the officers have knowledge of facts and circumstances sufficient to warrant the belief that the person has committed a crime. See Ker v. State of Cal., 374 U.S. 23, at 34, 83 S. Ct. 1623, 10 L. Ed. 2d 726 (1963).
Timothy Johnson made a confession on May 27, 1971, in which he implicated Tuggles in the May 21, 1971, robbery. On May 26, 1971, the police seized from the defendant a two-dollar bill taken in the robbery. These facts were sufficient to give Detective Connors probable cause to arrest the defendant on May 28, 1971.
Defendant's final contention is that the F.B.I. agents continued to interrogate him at the F.B.I. office even though they knew that he had obtained a lawyer. Escobedo v. Illinois, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977 (1964) held that the police may not deprive a person in custody of the opportunity to consult with his attorney.
The F.B.I. agents, prior to Tuggles' confession, had no knowledge that the defendant either had a lawyer or was seeking one. Agent Walsh spoke to Tuggles' sister at the police station that morning. He testified that she did not indicate that she was going to get a lawyer for her brother. On the trip to the F.B.I. office the agents informed the defendant of his right to have counsel appointed, but he did not indicate that he was in the process of obtaining private counsel. Tuggles' claim that Agent Davis, a highly trained F.B.I. agent, told him that he did not need an attorney is incredible. When he was given the waiver form to read at the F.B.I. office he asked if the F.B.I. had a lawyer there. He did not indicate at any other time any desire to speak to an attorney although he was obviously aware of this right. In Frazier v. Cupp, 394 U.S. 731, 89 S. Ct. 1420, 22 L. Ed. 2d 684 (1969) there was no violation of Escobedo when police continued vigorous questioning after the defendant said "I think I had better get a lawyer before I talk any more." See Jackson v. United States, 119 U.S. App. D.C. 100, 337 F.2d 136 (1964). In the present case, the defendant did not indicate even that strong a desire to see an attorney. The agents did not deprive the defendant of his right to an attorney.
Accordingly, for the reasons set forth above, defendant's motion shall be denied.