United States v. Allen, 72-2084. Summary Calendar.

Citation472 F.2d 145
Decision Date05 January 1973
Docket NumberNo. 72-2084. Summary Calendar.,72-2084. Summary Calendar.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. John Thomas ALLEN et al., Defendants-Appellants.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Lucian Lamar Sneed, Atlanta, Ga. (Court-Appointed), for defendants-appellants.

John W. Stokes, Jr., U. S. Atty., P. Bruce Kirwan, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and GOLDBERG and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Appellants were convicted of willful and knowing possession of an illegal firearm, that is, a double barrel 12 gauge shotgun sawed-off to a total length of less than 26 inches.1 Appellants complain only of the denial of their motion to suppress. They contend that the discovery of the illegal weapon occurred during an unconstitutional search. Finding their contention to be without merit we affirm the judgment of the District Court.

At approximately 2:30 in the morning of September 30, 1970 officers Williams and Loudermilk were patrolling the Peachtree Circle area of Atlanta. They noticed one of the trio of appellants standing in the office of a service station while another stood just outside the door. There was no car in the service area of the station and the officers circled the block to see if anything was afoot.

While making their second swing past the service station the officers observed that Orr and Sterling who were in the gas station were standing with the receiver of the pay telephone between their heads, and they appeared as if they were talking to someone. The officers also noted a Cadillac automobile parked down Peachtree Circle approximately 300 feet from the service station, far out from the curb. One of the defendants — who was subsequently identified as Allen — was at the wheel.

The officers again circled the block. As they passed the parked car, which they had seen before, they noted the two appellants who had been in the service station were walking toward this car. The service station manager was motioning the officers into the station.

He related to them that although the pair in the service station had acted as though they were speaking to someone, when they hung up the two nickels had returned down the coin chute. He told the officers that the pair were acting "awfully suspicious" and that he thought they were up to something. The officers proceeded to the parked auto and spoke to appellants.

At some time before the two officers approached the Cadillac automobile, they placed a call for assistance. The record does not disclose exactly when this call was placed, but it was before the officers drove their car to the parked Cadillac.

As the officers pulled up behind the automobile they noted that its license tag was expired by over a month. One officer pointed this out to appellant Allen, the driver, who seemed surprised to receive this information. He and the other two appellants and the police officer walked to the back of the car. At this time Detective McConnel who had answered Officer Williams' call for assistance arrived on the scene. He parked his car on the wrong side of the street, the front bumper of his car against the front bumper of the Cadillac. He got out of the car and began walking towards the rear of the Cadillac where the others stood. At this instant, the officers testified, no one was planning to arrest any of the appellants nor were they being investigated for any particular crime.

As Detective McConnel reached the middle of the Cadillac he stopped and flashed his night light inside the car. He immediately saw the illegal shotgun on the right rear floorboard of the car. Appellants were placed under arrest for possession of an...

To continue reading

Request your trial
16 cases
  • U.S. v. Worthington
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • January 10, 1977
    ...to be alert for suspicious activities and to follow up with appropriate investigation within constitutional limits. United States v. Allen, 5 Cir. 1973, 472 F.2d 145, 147. The agent's observations must lead him "reasonably to conclude in light of his experience that criminal activity may be......
  • Com. v. Cavanaugh
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • October 11, 1974
    ...v. Booker, 461 F.2d 990, 992 (6th Cir. 1972); United States v. Wickizer, 465 F.2d 1154, 1157 (8th Cir. 1972); United States v. Allen, 472 F.2d 145, 147 (5th Cir. 1973); United States v. Hood, 493 F.2d 677, 680 (9th Cir. 1974); People v. Whalen, 390 Mich. 672, 679, 213 N.W.2d 116 (1973). Sta......
  • United States v. Baty
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 19, 1973
    ...and justified their subsequent actions in stopping the fleeing vehicle and investigating the suspicious circumstances. United States v. Allen, 472 F.2d 145 (5th Cir. 1973); United States v. Ragsdale, 470 F.2d 24 (5th Cir. 1972). Moreover, when confronted with the pistol barrel in plain view......
  • U.S. v. Maslanka
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 20, 1974
    ...out their appointed duties had they neglected to investigate given all of the circumstances at hand, . . .. United States v. Allen, 472 F.2d 145, 147 (5th Cir. 1973). Similarly, it is obvious that the agents, in stopping the blue pick-up truck with the out-of-state plates, were acting withi......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT