United States v. Gibson
| Decision Date | 20 June 1972 |
| Docket Number | No. 71-1193. Summary Calendar.,71-1193. Summary Calendar. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Ulysses GIBSON, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Ulysses Gibson, pro se.
Ira DeMent, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.
Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.
After rejecting two court-appointed attorneys and electing to represent himself, Ulysses Gibson was convicted of passing three forged postal money orders with intent to defraud in violation of 18 U.S.C.A. § 500. On this direct appeal he contends that (i) his Federal arrest warrant was not supported by an affidavit or complaint establishing probable cause, (ii) he was denied counsel during an impermissibly suggestive photographic identification proceeding conducted by a U.S. postal inspector, (iii) he was tried by an unsworn jury, (iv) he was denied effective assistance of counsel and the right to confront and cross-examine witnesses, (v) the Trial Court erroneously admitted illegally seized evidence and prejudicial hearsay, and (vi) there was no evidence to support the jury's verdict. Finding all of these allegations to be without merit, we affirm.
On the afternoon of March 6, 1970 the defendant attempted to cash a money order at Tubbs Red and White Grocery in Montgomery, Alabama. Discovering that the money order's serial numbers appeared on a list of money orders stolen several nights earlier in a burglary of a post office contract station,1 the assistant manager turned it over to a city police officer who was on duty in the store. As the officer was telephoning for assistance the defendant told him to "just tear it up, just forget about it" and then attempted to snatch it from his hand. The officer immediately placed Gibson under arrest, an altercation developed, and the defendant ran out the front door. Following a brief struggle he was recaptured outside, handcuffed, and transported by patrol car to the Montgomery City Jail. Mechanics who subsequently worked on this vehicle at the police garage discovered 21 of the stolen money orders behind the rear seat.
Other evidence at the trial established that the defendant had earlier requested the secretary of a local attorney to type an address on an Alabama driver's license bearing the name of Willie Gene White. At that time the secretary noticed some money orders protruding out of his back pocket. An employee of the Mercantile Paper Company testified that Gibson had purchased the rubber stamp that was used to print the amount payable on the blank money orders, while employees of two other stores testified that they had cashed similar forged money orders for the defendant after he had identified himself as Willie Gene White. He was positively identified at trial by five eyewitnesses, and the driver's license was in his possession at the time of his arrest.
Postal inspectors are authorized by statute to "make arrests without warrant for felonies cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such a felony." 18 U. S.C.A. § 3061(a) (3). Since "reasonable grounds" in this context is equivalent to "probable cause,"2 it follows that Gibson's arrest was legal—regardless of the validity or invalidity of the warrant later secured from a U.S. Magistrate—if the postal inspector who arrived with local police at the grocery store and who subsequently arranged for the defendant's transfer from State to Federal custody was in possession of knowledge constituting a reasonable basis for belief of guilt. Beck v. Ohio, 1964, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142, 145; Brinegar v. United States, 1949, 338 U.S....
To continue reading
Request your trial
-
U.S. v. Johnson
...held the "reasonable grounds" requirement under 18 U.S.C. Sec. 3061(a)(3) to be the equivalent of "probable cause." United States v. Gibson, 462 F.2d 400, 402 (5th Cir.1972). The Supreme Court has recognized that "Congress enacted 18 U.S.C. Sec. 3061 to make clear that postal inspectors are......
-
U.S. v. Roberson, 80-2029
...or is committing such a felony." This Court has found "reasonable grounds" to be equivalent of "probable cause." United States v. Gibson, 462 F.2d 400, 402 (5th Cir. 1972). Furthermore the Supreme Court has perceived the legitimate intent behind § 3061 to expressly empower Postal Inspectors......
-
United States v. Rideaux
... ... has committed or is committing such a felony.” The ... Fifth Circuit has held the “reasonable grounds” ... requirement under 18 U.S.C. § 3061(a)(3) to be the ... equivalent of “probable cause.” United States ... v. Gibson, 462 F.2d 400, 402 (5th Cir.1972). The Supreme ... Court has recognized that “Congress enacted 18 U.S.C ... § 3061 to make clear that postal inspectors are ... empowered to arrest without warrant upon probable ... cause.” United States v. Watson, 423 U.S. 411, ... ...
-
Trail Realty, Inc. v. Beckett, 71-1478.
... ... Ralph G. BECKETT and Elizabeth G. Beckett, Appellees ... No. 71-1478 ... United States Court of Appeals, Tenth Circuit ... June 26, 1972.462 F.2d 397 Louis A ... ...