339 F.Supp. 209 (S.D.Cal. 1972), Crim. 12175, United States v. Perry

Docket Nº:Crim. 12175
Citation:339 F.Supp. 209
Party Name:United States v. Perry
Case Date:March 16, 1972
Court:United States District Courts, 9th Circuit, Southern District of California
 
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339 F.Supp. 209 (S.D.Cal. 1972)

UNITED STATES of America, Plaintiff,

v.

Eugene Rayford PERRY et al., Defendants.

Crim. No. 12175.

United States District Court, S.D. California.

March 16, 1972

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[Copyrighted Material Omitted]

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Harry D. Steward, U. S. Atty., Thomas M. Coffin, Asst. U. S. Atty., San Diego, Cal., for plaintiff.

Wesley C. Blake, G. Archie Boster, Carmine J. Bua, Edward V. Brennan, Robert F. Bourne, Philip A. DeMassa, C. J. Carlson, San Diego, Cal., for defendants.

MEMORANDUM DECISION AND ORDER

GORDON THOMPSON, Jr., District Judge.

The defendant, Ivan L. Glasscock, moves to suppress statements made and evidence obtained resulting from vehicle stops, conversations overheard in a motel room, and vehicle searches after his arrest. The defendants, Eugene Rayford Perry, Carl Phillip Green, and Donald Ralph Rice, move to suppress statements made and evidence obtained resulting from their arrest. The defendant, Edward James Fisch, moves to suppress conversations overheard in a motel room or, in the alternative, to dismiss the indictment. An evidentiary hearing was held on February 17 and 18, 1972, at the conclusion of which the matter was taken under submission by the Court.

FACTS

On September 23, 1971, at approximately 6:40 P. M., before dusk, Arthur M. Tobin, a retired forestry ranger, noticed two flares burning in an open field about 100 feet from a highway. The field was private property and located about one mile south of Maritas Junction on Highway 79, and in the vicinity of Vulcan Mountain. There were two males present who identified themselves as Ivan Glasscock and Donald Thopy. They stated that they were having car trouble, specifically mentioning a flat tire. Two vehicles were parked nearby, a white Ford Van, California license number CUY-444, and a tan Volkswagen Sedan, Indiana license number 49X-5826. Neither vehicle appeared to Tobin to have a flat tire. This information was transmitted to Deputy Gene Cowley of the San Diego County Sheriff's office at about 9:30 A. M. the following morning.

On the same evening, just before dusk, Wayne and Larry King, independently witnessed a red and white airplane circling in the area of Vulcan Mountain. Two objects were seen to drop from the plane. The Kings informed Anthony Taylor of the drop, who in turn informed Deputy Cowley at approximately 9:00 A.M. the following morning (September 24, 1971).

On September 24, 1971, at 10:00 A.M., Deputy Cowley saw the Ford Van traveling slowly on a highway in the vicinity of the aircraft drop. The rear license plate was dirty and difficult to read and a tail light was defective. Cowley stopped the vehicle and verified the plate number as California license number CUY-444. The driver, Ivan Glasscock, had an Indiana driver's license and stated that the vehicle had been borrowed from a friend in Sacramento named James Knauss. The vehicle was detained approximately 20 minutes while a name check was performed by the sheriff's department. While awaiting the result of the name check, the driver consented to a search of the van. Under the right front seat was discovered an aerial navigation map. It was opened to display the Julian Vortac or Omni Station. A line was drawn in a westerly direction towards Highway 79

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and intersecting the area of the suspected drop.

On September 24, 1971, the Kings reported their observations to immigration officers. A search of the area of the drop...

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