manner the defendant appreciates and that defendant has a higher intellect than the test scores indicated. Finally, it was Levitt's firm conclusion that the defendant could understand the warnings given him on the FBI Waiver of Rights Form. Cross-examination did not alter Levitt's firm conviction that the defendant could understand the Miranda warnings given him, and that, in view of the defendant's record, the defendant would understand better than the average person criminal proceedings and the usefulness of having an attorney's aid.
Finally, defendant's arrest record includes eleven arrests since February 18, 1970 for other crimes. He served seventeen days in jail for carrying a concealed deadly weapon (ccdw). He has been found not guilty on one charge of ccdw and a charge for illegal possession of narcotics. Other charges await trial.
Of the five grounds advanced by the defendant in support of the motion to suppress only the contention that defendant did not knowingly and intelligently waive his right to remain silent requires extensive consideration. There clearly was probable cause to arrest the defendant. Probable cause exists when "the facts and circumstances within their [the arresting officers] knowledge and of which they have reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense." Beck v. Ohio, 379 U.S. 89, 91, 85 S. Ct. 223, 225, 13 L. Ed. 2d 142 (1964); Brinegar v. United States, 338 U.S. 160, 175-176, 69 S. Ct. 1302, 93 L. Ed. 1879 (1949); United States ex. rel. Dessus v. Pennsylvania, 316 F. Supp. 411, 416 (E.D.Pa.1970) aff'd. 452 F.2d 557, 561 (3rd Cir. 1971). The defendant was arrested virtually within minutes of the robbery; he was seen by both officers running away from the area of the bank that had just been robbed. This knowledge in addition to defendant's behavior in looking back as though someone might be in pursuit constitutes more than sufficient evidence to establish probable cause. Under these circumstances the belief that the defendant had just committed the reported robbery is not significantly lessened by the lack of a description of the alleged robber. To require in these circumstances that the arresting officers have a description of the alleged robber would only enhance the chances that the robber would successfully flee without adding meaningfully to the interests of security from unreasonable searches and seizures the Fourth Amendment seeks to protect. As stated in Brinegar : "The rule of probable cause is a practical, non-technical conception affording the best compromise that has been found for accommodating . . . often opposing interests. Requiring more would unduly hamper law enforcement. To allow less would be to leave law-abiding citizens at the mercy of the officers' whim or caprice." Brinegar v. United States, 338 U.S. supra at 176, 69 S. Ct. at 1311. Thus, we find that there existed probable cause to arrest the defendant.
Defendant next contends that the government, knowing the defendant was a frequent user of narcotics, was required to obtain medical attention for him before being permitted to interrogate. There was no evidence that the defendant at the time of the interrogation was either under the influence of narcotics or suffering withdrawal pains. Compare United States ex rel. Collins v. Maroney, 287 F. Supp. 420 (E.D.Pa.1968) with United States ex rel. Sadler v. Pennsylvania, 306 F. Supp. 102 (E.D.Pa.1969) aff'd 434 F.2d 997 (3rd Cir. 1970). Furthermore, absent some indication of physical ailment resulting from an illness a layman would be reasonably able to recognize, and absent a request for medical attention, we do not believe the government should be required to establish an accused's physical well-being before being able to interrogate. Compare United States v. Watson, 469 F.2d 362 (5th Cir. 1972), The contention advanced by defendant was impliedly rejected in United States ex rel. Sadler v. Pennsylvania, 306 F. Supp. supra at 104. The court in Sadler rejected petitioner's contention that his confession was involuntary when it was taken while he was suffering preliminary withdrawal symptoms. Although the Sadler court did not wish to rely on the voluntariness of petitioner's confession in rejecting a habeas corpus petition, we think the court's reasoning rebuts a per se rule that failure to obtain medical attention when the government knows an accused is a frequent user of narcotics renders the confession inadmissible.
Defendant contends that the warnings given by the FBI do not comport with Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). It is asserted that it is not sufficient that an accused is told that if he cannot afford a lawyer one will be appointed and that anything the accused says can be used against him. Instead, defendant contends an accused must be told that he has a right to "free counsel" and that anything he says will be used against him. Commonwealth v. Dixon, 432 Pa. 423, 248 A.2d 231 (1968); Commonwealth v. Ritchey, 431 Pa. 269, 245 A.2d 446 (1968); Commonwealth v. Singleton, 439 Pa. 185, 266 A.2d 753 (1970) are cited in support of these propositions. The state may, of course, afford more rights than are required by the United States Constitution. United States ex rel. Payton v. Rundle, 472 F.2d 36 (3rd Cir. 1972). We are satisfied, however, that the warnings given the defendant in this case comport with Miranda. See Hodge v. United States, 392 F.2d 552 (5th Cir. 1968); Lathers v. United States, 396 F.2d 524, 535 n. 10 (5th Cir. 1968); United States v. Wallace, 272 F. Supp. 841 (S.D.N.Y.1967). Furthermore, although the FBI Waiver of Rights Form does not state that a person has a right to free counsel if he cannot afford counsel, we believe the statement on the form that if a person cannot afford a lawyer one will be appointed sufficiently informs an indigent person of his right to counsel as stated in Dixon. The Pennsylvania Supreme Court has never held that the sine qua non for a knowing waiver by an indigent of the right to the assistance of counsel at a custodial interrogation is the utterance of the words "free counsel". In Commonwealth v. Marsh, 440 Pa. 590, 271 A.2d 481 (1970), the court stated:
A reading and rereading of the relevant testimony leaves us in doubt, and therefore, we cannot say that, from the record, it clearly appears Marsh was told or was aware of all of his rights. The interrogating police officer testified in pertinent part: "* * * he [Marsh] was told that he had the right to any attorney and if he could not afford one, one would be obtained for him." We are not persuaded that this, in itself, fully apprized Marsh of his right to the assistance of counsel without charge if he were indigent.
Id. 440 Pa. at 595, 271 A.2d at 484. Two Justices, however, in a concurring opinion stated:
I am unable to see wherein this statement [the officer's statement of the right to counsel] does not comport with the warning prescribed by Miranda. Appellant argues that the adjective "free" was not used in this warning in connection with the word "lawyer", but there is no requirement either by the United States Supreme Court or in our own prior decisions that the word "free" must be used in this connection.