Dailey v. United States, 8636
| Citation | 365 F.2d 640 |
| Decision Date | 06 September 1966 |
| Docket Number | 8637.,No. 8636,8636 |
| Parties | Tewarner DAILEY, Appellant, v. UNITED STATES of America, Appellee. Richard Patrick AHRENDES, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Frank A. Caro, Wichita, Kan., for appellants.
Leroy V. Amen, Asst. U. S. Atty. (Robert N. Chaffin, U. S. Atty., with him on the brief), for appellee.
Before LEWIS and SETH, Circuit Judges, and LANGLEY, District Judge.
The appellants, Tewarner Dailey and Richard Patrick Ahrendes, were convicted by a jury of uttering counterfeited federal reserve notes in violation of 18 U.S.C. § 472 and of conspiring to do so in violation of 18 U.S.C. § 371. Dailey was also convicted of possessing such notes contrary to the statute. Both have appealed, alleging the use of evidence and information obtained through unlawful arrest and search, and insufficiency of the evidence to support the verdicts. We have examined the record and find appellants' contentions to be wholly without merit in all particulars.
Late in the day on August 18, 1965, Dailey and Ahrendes entered a pipe shop in the Gladstone Hotel, Casper, Wyoming, where Dailey purchased some tablets and paid for them with a $20.00 counterfeit bill. After the bill was reported, investigation by the police turned up three similar bills that had been recently passed in and around Casper, one of them at the Virginia Bar, another at the Avalon Club, and the third at a cafe. Ahrendes was arrested that same evening when he was seen crossing the street from the Gladstone Hotel by the owner of the pipe shop and identified as having been with Dailey when the counterfeit bill was passed there. Nothing was found on Ahrendes except papers establishing his identity, but later he was identified by the bartender at the Avalon Club as the person who passed a counterfeit bill to him. Still later that night, Dailey was arrested when he answered the knock of a police officer on the door of his room at the Gladstone Hotel and was identified immediately by the pipe shop owner and by the bartender at the Virginia Bar, who had accompanied the officer, as the man who had passed the counterfeit bills at those places. Promptly after his arrest Dailey's hotel room was searched by the officer and fifteen counterfeit $20.00 bills were found.
The arrests were unquestionably based on probable cause and legal without warrants. A crime had been committed, the officers knew...
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Malone v. Crouse, 9224.
...When the appellant identified himself as Malone, the detectives had probable cause to arrest him without a warrant. See Dailey v. United States, 365 F.2d 640 (10th Cir.); Murray v. United States, 351 F.2d 330 (10th Cir.). Appellant's arrest was not unlawful because an unknown person told th......
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United States v. Adams
...without a warrant must know or have reasonably trustworthy information to indicate a crime has been committed. See Dailey v. United States, 365 F.2d 640 (10th Cir.1966). This court has also said "probable cause is something more than mere suspicion." Roa-Rodriquez v. United States, 410 F.2d......
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U.S. v. Everett, 82-3098
...States v. Ayers, 426 F.2d 524, 529-30 (2d Cir.), cert. denied, 400 U.S. 842, 91 S.Ct. 85, 27 L.Ed.2d 78 (1970); Dailey v. United States, 365 F.2d 640, 641 (10th Cir.1966); United States v. Masini, 358 F.2d 100, 102 (6th Cir.1966); United States v. Smith, 357 F.2d 318, 320 (6th Accordingly, ......
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Belondon v. City of Casper
...have referred to from the Wiggin case is still good law in this jurisdiction. It has been followed quite recently in Dailey v. United States, 10 Cir., 365 F.2d 640, 641; and in Whiteley v. State, Wyo., 418 P.2d 164, Appellant's point 3 is without merit. Point 4. In this point appellant comp......