Boyden v. United States
| Decision Date | 20 July 1966 |
| Docket Number | No. 20215.,20215. |
| Parties | Gerald Glen BOYDEN, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Joseph G. Schumb, Jr., San Jose, Cal., for appellant.
Manuel L. Real, U. S. Atty., John K. Van De Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., Warren P. Reese, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Before BARNES, Circuit Judge, MADDEN, Judge of the United States Court of Claims, and ELY, Circuit Judge.
This is an appeal from a conviction of robbery of a national bank and, in the commission of the robbery, assaulting and placing in jeopardy by use of a dangerous weapon a person's life, in violation of § 2113(a) and (d) of Title 18, United States Code.
On December 22, 1964, at approximately 11:20 a. m. the branch of the Bank of America located at 17th and Bristol Streets in Santa Ana, California, was robbed at gun point of $5762. The manager of the bank followed the robber to the front door of the bank, observed the color, make, model and license number of the automobile in which the robber departed, and caused that information to be written down. The police had been called by others. The manager gave the police the information about the automobile and described the robber as a heavy-set male Negro.
Officer Baker of the sheriff's staff heard the police radio broadcast of the above information. He was then driving in the vicinity of 17th Street and Broadway, so he proceeded on 17th Street toward the bank. Within a block of the bank he observed a car and driver answering the description of the police broadcast. Baker turned his car and followed the car which he had observed, and then saw that it had a license number different from the one given in the broadcast. He nevertheless decided to stop the observed car, and sounded his siren. The observed car thereupon took off erratically and evasively and at high speed through heavy traffic. Baker's car stalled and another sheriff's car driven by Deputy Ferlauto took up the chase at a speed sometimes exceeding 100 miles per hour. The chase continued for some four miles to where 17th Street comes to a dead end at Newport Avenue. In turning left into Newport Avenue the pursued car turned over, landing on its roof in a field. As Deputy Ferlauto approached the wreck with drawn revolver, the appellant crawled out from the wreck. Officer Baker had in the meantime arrived, and he hand-cuffed the appellant.
Officer Allen of the Santa Ana Police Department had heard the first police broadcast and a further broadcast that the suspect's car had overturned. He went to the scene of the wreck and took custody of the prisoner, turning him over to another police officer with directions to take him to the police station, which was done. Allen then called for a tow truck to set the overturned car upright, and for a fire truck to prevent or extinguish a fire that might arise from the spillage and leakage of gasoline from the wrecked car.
A crowd of onlookers had gathered at the scene of the wreck. The tow car set the wrecked car upright. Officer Allen searched the interior of the car and then proceeded to search the trunk of the car, the cover of which, though jammed in the overturning, had been opened by two firemen and a highway patrolman. Allen found in the trunk, and seized, a brown paper bag containing $5722 in United States currency, a fully loaded pistol wlth one round in the chamber, a license plate bearing the number HSC 966, the number which the robber's license plate had borne when he drove away from the bank after the robbery, and a blue tanker jacket. A single $20 bill had been found inside the car or on the ground at the wreck. The amount of money taken from the bank by the robber was $5762, as previously recited.
The items found in the trunk of the wrecked car and seized by the sheriff were introduced in evidence, over the defendant's objection, at his trial. They had also been the subject of a motion, prior to trial, to suppress, which motion had been denied after a hearing.
We hold, as did the trial court, that the evidence was admissible; that its seizure was...
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