Welch v. United States
| Decision Date | 20 May 1966 |
| Docket Number | 8575.,No. 8574,8574 |
| Parties | Dallas Duane WELCH and Luther Joseph Manning, Appellants, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Robert S. Treece, Denver, Colo., for appellants.
H. Ralph Klemm, Salt Lake City, Utah (William T. Thurman, U. S. Atty., on brief), for appellee.
Before MURRAH, Chief Judge, and LEWIS and SETH, Circuit Judges.
The appellants were jointly charged and tried and each convicted and sentenced for the interstate transportation of the same stolen automobile in violation of 18 U.S.C. 2312. The only question on this appeal is the validity of the search of the automobile and the seizure of evidence introduced against them in the trial of the case.
The pre-trial evidence in support of the motion to suppress "the motor vehicle * * * and all contents thereof" developed these pertinent facts. A Utah Highway Patrolman traveling south toward Moab, Utah, noticed appellant Manning traveling north. He was driving The Patrolman made a U-turn, stopped the car, and asked Manning for his driver's license — he had none. He asked for a certificate of title — he had none. Manning had alighted and was standing either beside the car or to the rear when the officer reached through the window and took from the steering column a cellophane container. Upon examination, it appeared to be a promissory car note executed by a Frank Tucker in Kansas City, Missouri. The instrument did not identify any automobile, and when Manning was questioned about it, he identified himself as Frank Tucker and told the officer that the instrument did not pertain to the car he was driving but to another he had previously owned. The officer then informed Manning that he was under arrest for driving without a license and investigation for car theft. The officer apparently walked around the car, opened the glove compartment and removed some papers among which were two old registration certificates for the years 1963 and 1964, but none for 1965. None of the registration certificates was in the name of Frank Tucker. The officer noticed appellant Welch lying in the back seat of the car apparently asleep. Upon inquiry, Manning first told the officer that Welch was his "buddy" and later said that he had "picked him up" down the road. When Welch was awakened, he told the officer that he didn't know Tucker and that Tucker had picked him up about 8 miles down the road and that he was "hitchhiking". Welch was then arrested for hitchhiking. Both were ordered to stand in the bar ditch near the road while the officer searched a handbag taken from the trunk of the car. The handbag bore Manning's name. Welch indicated that his name was Manning and that part of the contents of the bag belonged to him. The Patrolman then radioed to the County Sheriff's office, and a deputy came to the scene of the arrest. On further search the deputy found the certificate of title to the automobile "concealed up under the dash". The New Mexico certificate of title was issued to the Cummins Rio Grande in Albuquerque, New Mexico.
The trial court overruled the motion to suppress as to Manning on the ground...
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