United States v. Hughes
| Decision Date | 28 April 1971 |
| Docket Number | No. 29041.,29041. |
| Citation | 441 F.2d 12 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Jerry M. HUGHES and David Hoyle, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John M. Anderson, Fort Worth, Tex., for David Hoyle.
Stephen D. Susman, Houston, Tex., court appointed for Jerry M. Hughes.
W. E. Smith, Asst. U. S. Atty., Eldon B. Mahon, U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.
Before JONES, GEWIN and CLARK, Circuit Judges.
Each of the appellants Jerry M. Hughes and David Hoyle was arrested, indicted, tried by jury and found guilty on three counts of printing counterfeit obligations, possessing counterfeit plates and negatives, and possessing counterfeit federal reserve notes in violation of 18 U.S.C. §§ 471, 472, and 474. They contend on appeal that evidence introduced at the trial was obtained as a result of an illegal search and is, therefore, inadmissible. The evidence complained of includes: a printing press; approximately $250,000 in partially completed counterfeit twenty dollar notes; $30,000 in completed counterfeit $20.00 notes; counterfeit plates; sundry other implements of the printer's trade; two sawed-off shotguns; and a pistol. In addition they object to the admission of the three weapons on the independent ground that they were prejudicial evidence of another crime. Finding no merit in either of these contentions, we affirm the judgment of conviction in all respects.
The factual background presents a rather bizarre picture. Most of the above mentioned items of evidence were taken from a locked room in a seven room brick house located on a 19 acre tract of land not far from Mansfield, Texas. The house was owned by Mrs. Anna Bell Egger, a 45 year old divorcee, and occupied by Mrs. Egger and her 21 year old son, Glevis Egger.
Mrs. Egger and the appellant Hughes met during August of 1967 in a "lounge" operated by Hughes in Grand Prairie, Texas. They began "going together" and eventually became intimate. Hughes, who was himself married, lived with Mrs. Egger in her house for several of the months prior to his arrest on March 29, 1969. Meanwhile, the tempestuous and often hostile amorous interests of Hughes in Mrs. Egger expanded into business interests. In December, 1968, the couple opened up the College Bar and Cafe, a Fort Worth lounge licensed in the name of and partially financed by Mrs. Egger.1 It was at this bar that Mrs. Egger first met the appellant Hoyle and it was there that Hughes and Hoyle designed and planned their counterfeiting scheme.
In early February of 1969, Mrs. Egger, who was then unaware of the scheme, told Hughes of "a dream about this counterfeit stuff." Dumbfounded, Hughes then showed her a picture of a $10 bill printed on the back of an old menu. At closing time three nights later appellants showed an apparent concern for the security of their secret. We quote from the direct examination of Mrs. Egger by the prosecuting attorney:
Soon afterwards, a printing press appeared on the front porch of Mrs. Egger's house. A few days later, on February 7, it was moved inside, without objection, to a room adjoining Mrs. Egger's bedroom. The only access to this room was through this bedroom. The following morning Hughes added a padlock, taken from Mrs. Egger's boat, to the door of the "press room". When he asked her for the only key to this lock, she gave it to him; and when he demanded that her son Glevis be told to move out of the house, she acquiesced,2 but testified that she was afraid to disobey the commands of Hughes.
Then, on the night of February 10, the day following Glevis' expulsion, Mrs. Egger was seriously beaten by Hughes. In self-defense and retaliation, she moved out of her house to stay with friends, and went immediately to the local police department to report appellants' planned counterfeiting activities and to seek help. The following morning she called the FBI and was referred to the Secret Service, to whom she promptly went and again told her story. The somewhat incredulous secret service agents agreed to go with her to see the counterfeiting apparatus at the house. Finding the press room padlocked as usual, they entered the room through an outside window known by Mrs. Egger to be unlocked.3 The press was situated in plain view in the center of the room. The agents observed it, scratched their initials on it in an inconspicuous place and left through the window. No evidence was seized at this time.
No immediate action was taken to arrest appellants because it was apparent from the scene that the crime of counterfeiting had not yet been committed. It was decided that the house would be kept under surveillance until, with the help of information from Mrs. Egger, it was determined that actual counterfeiting had taken place. It was agreed that Mrs. Egger would not be prosecuted. On February 12 Mrs. Egger executed a written "statement", reciting that she owned the house and had not given permission for any illegal activity to be conducted therein; it granted the Secret Service authority "to search the premises of my residence including every room in the dwelling house * * * in either the day time or in the nighttime or whenever the officers see fit so long as they are assisting me in putting a stop to the illegal activity which is taking place or about to take place in or about my residence." There is no evidence whatsoever that Mrs. Egger did not willingly sign this consent.4
Mrs. Egger did not move back into her house until after March 22, 1969. There is nothing in the record to show that her return amounted to an acceptance of appellants' claimed control of the house or press room. Instead the move is associated with the revocation on March 22 of her license to do business. Moreover, neither appellant lived at the house; she was aware of and could take security in the protective surveillance of federal officers. This was her home, and she had a right to return there not only to protect it, but also to observe and report what was taking place. Her return in no way represented a reconciliation with appellants; it revoked neither her consent nor her authority over the press room.
The surveillance continued for over a month. Late in March, indications of upcoming counterfeiting activity arose. Both Hughes and Hoyle were repeatedly seen on the premises during the entire surveillance period.
Arrest warrants were obtained on March 27. During the night of March 28 the agents were in close proximity to the residence. Hughes and Hoyle were observed going in and out of the press room and the lights of the plate maker were seen going on and off, indicating that a plate was being made. The agents' suspicions that the counterfeiting took place over the night of March 28 were corroborated by a pre-arranged signal from Mrs. Egger the following morning. At about 9:30 on the morning of the 29th, Mrs. Egger left the house in her car followed by Hughes in his own car. Hughes was arrested as soon as he got well away from the house. Without announcing themselves, agents entered the house and arrested Hoyle with his wife in a back bedroom of the house.5
Relying on Mrs. Egger's oral and written consent, the agents searched the house. After forcing open the door to the locked press room, they discovered the counterfeit money, the counterfeit plates and printing accessories, and the printing press. Over objection, this evidence was admitted. The court found that they did not result from an unreasonable search in light of Mrs. Egger's valid consent.6 In addition, two sawed-off shotguns and a pistol were found in the house. The pistol was found in a livingroom chair; one shotgun (wrapped with black tape) was found in the press room close to the press and partially concealed; the other shotgun (wrapped with silver tape) was found in a back bedroom. These guns and a picture taken by a secret service agent showing the shotgun in the press room were admitted into evidence as being part of the res gestae and as having a bearing upon the issue of intent.
The Fourth Amendment, by its own terms, proscribes only "unreasonable" searches. Thus is required, under the facts of each case, a determination whether the search complained of was reasonable in all of the existing circumstances.7 In making this determination the...
To continue reading
Request your trial
-
U.S. v. Cota-Lopez
...had either actual or apparent authority to consent. See Gonzales, 121 F.3d at 938; Jenkins, 46 F.3d at 454; see also U.S. v. Hughes, 441 F.2d 12, 17 (5th Cir.1971) ("[W]here two persons have equal rights to the use or occupation of the premises, either may give consent to a search, and the ......
-
U.S. v. Beechum
...McDaniel, 574 F.2d 1224, 1227 (5th Cir. 1978). Physical similarity is not a requisite here. Illustrative is the case of United States v. Hughes, 441 F.2d 12 (5th Cir.), Cert. denied, 404 U.S. 849, 92 S.Ct. 156, 30 L.Ed.2d 88 (1971). This was an appeal from convictions for printing counterfe......
-
U.S.A v. Green
...thereof; or tends logically to prove any element of the crime charged.” 142 F.2d 85, 88 (D.C.Cir.1944). See also United States v. Hughes, 441 F.2d 12, 19-20 (5th Cir.1971) (upholding admission of evidence that defendants possessed firearms in a trial for counterfeiting because the defendant......
-
Moffett v. Wainwright
...of the premises, either may give consent to a search, and the evidence thus disclosed may be used against either." United States v. Hughes, 441 F.2d 12, 17 (5th Cir. 1971); United States v. Thompson, 421 F.2d 373, 375 (5th Cir. 1970); Gurleski v. United States, 405 F.2d 253, 262 (5th Cir. 1......