456 F.2d 872 (8th Cir. 1972), 71-1484, United States v. Young

Docket Nº:71-1484.
Citation:456 F.2d 872
Party Name:UNITED STATES of America, Appellant, v. Russell YOUNG, Appellee.
Case Date:March 23, 1972
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 872

456 F.2d 872 (8th Cir. 1972)

UNITED STATES of America, Appellant,

v.

Russell YOUNG, Appellee.

No. 71-1484.

United States Court of Appeals, Eighth Circuit.

March 23, 1972

Page 873

Daniel Bartlett, Jr., U. S. Atty., Jerry J. Murphy, Asst. U. S. Atty., St. Louis, Mo., for appellant.

No appearance for appellee.

Before BREITENSTEIN, [*] Senior Circuit Judge, and BRIGHT and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This appeal brings before us the necessity of deciding whether suppression of 8 counterfeit notes seized from the automobile in which Russell Young was seated at the time of his arrest, after the automobile was taken to a Federal garage and there thoroughly searched without a warrant, is constitutionally required. The District Court, in an unreported order, ruled that the notes must be suppressed. We reach precisely the opposite conclusion and reverse.

I

Russell Young, along with two companions, was arrested in Saint Louis, Missouri, on the afternoon of November 17, 1970, for suspicion of passing counterfeit tender. The Saint Louis police who made the arrest had been called to the scene by the manager of a nearby Thom McAn store on information that one of the three suspects had earlier attempted to pass a counterfeit bill in his store. The store manager observed the three seated in an automobile parked close to the store and disclosed their presence to the police. Also at the scene was Officer Thomas Dower of the Saint Louis police department. Dower, who had been summoned to assist in the arrest, earlier, that same day had had a telephone conversation with an employee of a Saint Louis gasoline station. The service station employee informed Officer Dower that an unidentified man had just then attempted to pass a bogus $10 bill in exchange for the purchase of gasoline. The station employee stated that he knew the bill to be a counterfeit one because he had checked its serial number against a list of counterfeit bills furnished by the Treasury Department. The license number of the man's car and its description were given Officer Dower by the station attendant. Upon his arrival at the scene, Dower observed that the car in which Young was seated on the passenger side matched perfectly the description and license number given him by the station attendant. The arrest was then made.

The car, which had been searched unsuccessfully for weapons at the time of the arrest, was towed to the police station. Some eight hours after Young and the two suspects had been booked, one of the arresting officers released the car to the custody of a Special Agent of the Treasury Department who immediately seized it pursuant to 49 U.S.C. § 783. 1 The Treasury Agent drove the vehicle to a Federal garage, "inventoried" its contents, and over the right front visor discovered 8 counterfeit bills concealed in a scarf. After the search, and presumably on the basis of the Agent's discovery, a complaint was issued charging Young with possession of counterfeit Federal Reserve Notes in...

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