Anderson v. United States
| Decision Date | 22 April 1965 |
| Docket Number | No. 7953,7954.,7953 |
| Parties | Ralph Oden ANDERSON, Appellant, v. UNITED STATES of America, Appellee. Raymond L. REESE, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Cullen Y. Christenson, Provo, Utah, for appellants.
David K. Winder, Asst. U. S. Atty. (William T. Thurman, U. S. Atty., with him on the brief), for appellee.
Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.
The appellants were found guilty by a jury on two counts of an indictment charging them jointly with forcible entry of two post offices in Utah with the intent to commit larceny in violation of 18 U.S.C.A. § 2115. The principal issues on this appeal surround the trial court's ruling on motions to suppress evidence.
Before arraignment the appellants moved to suppress certain items of evidence which were seized by Salt Lake City police and delivered to federal officers pursuant to a warrant. Among these items were several pieces of luggage removed from a motel room rented by appellants. Some of this luggage was opened at city police headquarters and was found to contain United States postage stamps. The luggage from the motel included a Samsonite suitcase marked with the initials J.C. which was locked and not opened by the city officers. It was later delivered to federal officers in response to a search warrant. The motion also included a pair of shoes worn by appellant Anderson when jailed and given by him to the police several days later. The motion was also directed to the results of a search of a Mercury automobile parked at the motel, and a Dodge automobile occupied by appellants' wives at the time of and near the place of appellants' arrest. The city police officers did not have warrants for the entry into the motel and the removal of the luggage, nor for the seizure or search of the two automobiles. The trial court granted the motion to suppress as to all items removed from the motel except the United States postage stamps which were contained in the Samsonite suitcase referred to above. The evidence secured from the Dodge automobile and from appellant Anderson's shoes was also not suppressed.
The motion was renewed at the start of the trial, and was again denied. The stamps were thereafter introduced in evidence, and identified by fingerprints as being from one of the post offices entered. The Government also introduced in evidence chips of paint found in the trunk of the Dodge car to show a resemblance to paint from the safe removed from one of the post offices. The evidence as to the shoes showed that similar material from one of the safes adhered to the soles. Appellants moved for judgment of acquittal after the Government's case, it was denied, and the appellants rested without putting on evidence.
The record shows that the appellants were arrested in Provo, Utah, on a burglary charge, and were taken into custody together with their wives who were waiting in a Dodge automobile near the place of arrest. The Provo officers notified the Salt Lake City police that the children of appellant Anderson's wife were staying in a Salt Lake City motel room rented by appellants. The following day the officers entered the motel and found the children in the room. They were taken to a detention center in Salt Lake City, apparently on the ground that their surroundings endangered their welfare. U. C.A.1953 § 55-10-22. The officers also removed all the luggage and clothing from the motel room. They testified at the trial that the luggage was so removed for safekeeping. The motel room was rented by appellants for a period of time not disclosed in the record. It was entered, and the luggage and the children removed without a warrant. The children were given their belongings and the remainder of the luggage was taken to police headquarters. There some of the bags were opened and were found to contain a considerable number of postage stamps. The Samsonite bag in question was locked and was not opened by the city officers, but several days later, together with other luggage, it was delivered by them to the United States officers pursuant to a federal warrant. The Mercury automobile was removed without a warrant from the motel parking area and taken to the Salt Lake City police headquarters. It was also turned over to the federal officers as was the Dodge automobile which was occupied by the wives of the appellants at the time of appellants' arrest in Provo as described above. The appellants have not objected to the warrant used to search the Dodge.
The appellants make three principal points: (1) They assert it was error for the trial court to refuse to suppress the evidence (the postage...
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