Hollins v. United States
| Decision Date | 26 October 1964 |
| Docket Number | No. 19301.,19301. |
| Citation | 338 F.2d 227 |
| Parties | Johnnie Milton HOLLINS, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Robert W. Stanley, Los Angeles, Cal., for appellant.
Francis C. Whelan, U. S. Atty., Richard A. Murphy, Asst. U. S. Atty., Chief, Criminal Section, Robert H. Filsinger, Asst. U. S. Atty., Los Angeles, Cal., for appellee.
Before BARNES, HAMLEY and BROWNING, Circuit Judges.
Johnnie Milton Hollins appeals from a judgment of conviction and sentence, entered after a jury trial, for a violation of the bank robbery statute, 18 U.S.C. § 2113(a) and (d). His only point on appeal is that the testimony of an officer concerning observations made and conversations had during a search of the premises should have been stricken because the search was illegal.1 The search was illegal, Hollins argues, because it was made without a search warrant and while made incident to an arrest, the latter was not valid. The arrest was not valid, he urges, because it was made without a warrant of arrest and without probable cause.
The arrest, without a warrant for arrest, was made on March 14, 1963, by Joseph S. Deiro, an officer of the Los Angeles Police Department attached to the robbery division. At approximately 12:30 P.M. on that day he was notified that a robbery had occurred within the previous ten minutes at Security-First National Bank, Washington and Vermont Branch, Los Angeles. Deiro and another officer proceeded immediately to the bank arriving there at approximately 12:45 P.M. He was informed by the bank manager that the bank had been robbed and was told the details of how it had been accomplished.
Witnesses had given the bank manager a description and the license number of the getaway car, and the bank manager gave this information to Officer Deiro. This license number was immediately referred to the Department of Motor Vehicles and was found to be that of a 1962 Pontiac convertible registered in the name of Bernice Newman at 4845 Angeles Vista, in Los Angeles. The bank manager also told Officer Deiro that the robbery had been committed by a male Negro approximately five feet eleven inches to six feet tall, twenty-five to thirty years old, weighing about 170 pounds, medium-dark complexion. The man was also described as wearing a hat, sunglasses and a short jacket.
Officer Deiro and other officers then went to the Bernice Newman residence, arriving there about 1:30 P.M. The officers observed a 1962 black Pontiac convertible bearing the license number given to them, parked in the driveway. Approaching the vehicle, Officer Deiro noted that the motor was making a noise similar to that made by a motor which is cooling. He felt the hood of the car and found it to be very warm. Officer Deiro and other officers then went to the front door and, in response to their knock, Hollins opened the door. He was clad only in a T-shirt and shorts. It was Officer Deiro's opinion, upon seeing Hollins, that he was of the same general description as that of the robber, as given to him by the bank manager.
Officer Deiro presented his identification and inquired if Hollins was the only one in the house. Hollins replied that his wife was in bed downstairs and that his wife's daughter was in bed upstairs. The officer asked Hollins if he knew Bernice Newman, and Hollins replied that she was his wife. Officer Deiro thereupon arrested Hollins. He and the other officers then entered the house for the purpose of conducting a search. It was during this search that Officer Deiro obtained the information which he later revealed to the jury in the testimony which, Hollins asserts, should have been stricken.2
The fact, without more, that Officer Deiro may have been in possession of evidence sufficient to support a magistrate's disinterested determination to...
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