Keiningham v. United States
Citation | 113 US App. DC 295,307 F.2d 632 |
Decision Date | 19 July 1962 |
Docket Number | No. 16981.,16981. |
Parties | Thomas C. KEININGHAM, Appellant, v. UNITED STATES of America, Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
Mr. William C. Wetzel, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellee. Mr. John R. Schmertz, Jr., Asst. U. S. Atty., also entered an appearance for appellee.
Before WILBUR K. MILLER, Chief Judge, and BURGER and WRIGHT, Circuit Judges.
Petition for Rehearing En Banc Denied En Banc September 18, 1962.
This is a paid appeal from judgment of conviction after trial before Judge Youngdahl without a jury. Our disposition of the case makes it important to relate the facts and circumstances, particularly in view of the observations in the opinion in Coppedge v. United States, 369 U.S. 438, 82 S.Ct. 917, 8 L.Ed.2d 21 (1962).1
The District Judge's memorandum opinion contains his finding of facts:
It was stipulated that the briefcase contained slips, notations and receipts used in a numbers lottery and testimony showed 797 slips representing $4201.99 of play and that these papers showed 104 codes indicating 104 individual "writers." The arresting officer testified that he did not arrest or even touch appellant until after he observed the incriminating contents of the briefcase. Appellant who did not testify, now urges that he was under arrest as soon as the officer asked a question about the briefcase.
Against the background of these undisputed facts it is clear (1) that the circumstances warranted the officer in making some inquiry about the ownership of the briefcase which was being abandoned in the presence of the officer, (2) that no arrest was made when the questions were asked, (3) that in view of appellant's denial of ownership or knowledge of the briefcase, which the officer had seen in his hand moments before, the officer's personal observations warranted, if not compelled, further inquiry, (4) that, in any event, the officer was justified in accepting appellant's suggestion that he "examine it," (5) that the officer's observation of the contents disclosed commission of a crime, and appellant's possession of those materials implicated him directly and provided abundant probable cause for immediate arrest at that point. Campbell v. United States, 110 U.S.App.D.C. 109, 289 F.2d 775 (1961); Dixon v. United States, 111 U.S.App.D.C. 305, 296 F.2d 427 (1961); Goldsmith v. United States, 107 U.S.App.D.C. 305, at 314, 277 F.2d 335, at 344, cert. denied 364 U.S. 863, 81 S.Ct. 106, 5 L.Ed.2d 86 (1960); Ellis v. United States, 105 U.S.App.D.C. 86, 264 F.2d 372, cert. denied, 359 U.S. 998, 79 S.Ct. 1129, 3 L.Ed.2d 986 (1959); Green v. United States, 104 U.S.App. D.C. 23, 259 F.2d 180 (1958), cert. denied, 359 U.S. 917, 79 S.Ct. 594, 3 L.Ed. 2d 578 (1959); Lee v. United States, 95 U.S.App.D.C. 156, 221 F.2d 29 (1954); Brooks v....
To continue reading
Request your trial-
Gilbert v. United States
...accosted appellant and asked him to identify himself, no one could question the propriety of their conduct. Cf. Keiningham v. United States, 307 F.2d 632, 633 (D.C. Cir. 1962); Green v. United States, 259 F.2d 180, 181 (D.C. Cir. 1958); La Fave, Arrest 345 (1965). They did more than that. T......
-
Washington v. United States
...(1954). 27 Compare Rios v. United States, supra note 22, 364 U.S. at 262, 80 S.Ct. 1431. 28 Compare Keiningham v. United States, 113 U.S.App.D.C. 295, 296-297, 307 F.2d 632, 633-634 (1962), cert. denied 371 U.S. 948, 83 S.Ct. 502, 9 L.Ed.2d 497 (1963); Stephens v. United States, 106 U.S.App......
-
Pendergrast v. United States
...38, 358 U.S. at 310-311, 314, 79 S.Ct. 329; Bailey v. United States, supra note 8, 389 F.2d at 308; Keiningham v. United States, 113 U.S. App.D.C. 295, 296-297, 307 F.2d 632, 633-634 (1962), cert. denied 371 U.S. 948, 83 S.Ct. 502, 9 L.Ed.2d 497 (1963). But see Terry v. Ohio, 392 U.S. 1, 20......
-
State v. Terry
...Brinegar v. United States (1949), 338 U.S. 160, 178, 69 S.Ct. 1302, 93 L.Ed. 1879 (Burton, J., concurring); Keiningham v. United States (1962), 113 U.S.App.D.C. 295, 307 F.2d 632, certiorari denied (1963), 371 U.S. 948, 84 S.Ct. 502, 9 L.Ed.2d 497; Busby v. United States (C.C.A.9, 1961), 29......