U.S. v. Veatch
| Citation | 674 F.2d 1217 |
| Decision Date | 04 February 1982 |
| Docket Number | No. 80-1567,80-1567 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Ronald E. VEATCH, Defendant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Don Gladden, Fort Worth, Tex., for defendant-appellant.
Roslyn Moore, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee; Kenneth L. Fields, Asst. U.S. Atty., Phoenix, Ariz., on brief.
Appeal from the United States District Court for the District of Arizona.
Before KILKENNY and SNEED, Circuit Judges, and GRANT, * District Judge.
Appellant Ronald E. Veatch appeals from a conviction for transporting property obtained by fraud in interstate commerce in violation of 18 U.S.C. § 2314. 1 He raises the following issues:
1. Whether the district court erred in denying his motion to suppress certain evidence?
2. Whether the district court erred in denying his motion for an evidentiary hearing on the question of his competency to stand trial?
3. Whether the district court erred in refusing to allow him to introduce evidence supporting a defense of insanity?
4. Whether the district court erred in conducting a hearing on pretrial motions in chambers without his presence?
5. Whether the district court's denial of his motion for a continuance following the death of the father of one of his attorneys resulted in him being denied effective assistance of counsel?
On September 1, 1978, Veatch, using the alias Frank Caven, purchased by check a diamond faced gold watch from a jewelry store in Fort Worth, Texas. Before accepting the check for $6,850, a store salesman and bookkeeper apparently verified that the check would clear by calling a telephone number supplied by Veatch and speaking with a Mr. Doss, whom Veatch claimed to be his banker. The store representatives were satisfied and accepted the check.
On September 4, 1978, Veatch purchased, through two associates, two gold and diamond rings from the same jewelry store. Payment of $8,000 was again made by check. The same salesman as in the earlier transaction accepted the check, but this time without verification for the reason that the banks were closed due to a holiday. Both checks were returned for lack of sufficient funds. 2
On November 1, 1978, the FBI, in Phoenix, Arizona, learned that Veatch was associated with the Days Inn Motel in that city. The manager of the motel, Don Lindquist, after being advised of Veatch's background, told the FBI that Veatch was at that moment en route to Phoenix from Williams, Arizona, in a blue Cadillac limousine. Later that same day, officers from the Arizona Department of Public Safety, Highway Patrol, spotted and stopped the vehicle. Veatch and two other persons in the vehicle all stepped out peacefully. One of the officers noticed in the vehicle both a handgun and a wallet which had been slightly wedged between the bottom and backrest portions of the back seat where Veatch had been sitting. Both the weapon and the wallet were in plain view. When asked by the officer if the wallet were his and whether he wanted to take it with him, Veatch denied any ownership or interest in the same. The officer then proceeded to examine the contents of the wallet and discovered the sales receipt for the watch obtained in Texas.
The two other occupants of the limousine returned the vehicle to Lindquist. He had been advised by the vehicle's seller that Veatch had purchased it with a fraudulent check. Before repossession of the vehicle, Lindquist removed some of Veatch's belongings including an Arizona bank pouch containing the watch and one of the rings. All of these items were then placed in a briefcase and left in Veatch's room. On November 2, 1978, when it became apparent that Veatch was going to remain in jail, Lindquist removed all of Veatch's belongings from his room so that it could be available for rental.
On the following day, November 3, 1978, after learning of the FBI's investigation, Lindquist delivered all of Veatch's belongings, including the watch and two rings, to the FBI. 3 This action, however, was contrary to Veatch's instructions. He had advised Lindquist to give the belongings to his lawyer.
On February 5, 1979, Veatch filed a motion for a determination of his competency to stand trial. The Government expressed no objection, and the motion to have Veatch examined pursuant to 18 U.S.C. § 4244 was granted. Veatch was transferred to Springfield, Missouri, for the examination and was returned from Springfield in July, 1979, with a finding that he was competent even though very uncooperative.
Veatch was released on bond on August 15, 1979, but failed to appear for trial on December 4, 1979. He was subsequently arrested in Oklahoma. The trial of the original charge was then rescheduled and began on June 26, 1980. On the day of trial, Veatch filed a second motion for a determination of his competency to stand trial. He also filed a notice of intention to rely upon the defense of insanity. The district court refused to permit Veatch to raise the insanity defense because of an untimely filing of the notice pursuant to Fed.R.Crim.P. 12.2(a) and the Rules of Practice for the District Court for the District of Arizona. Veatch's oral motion for permission to show cause for his untimely filing was denied. The court also concluded, based upon the case file, the various opinions of the psychiatrists, and the Springfield report and finding, that Veatch was competent to stand trial and that an evidentiary hearing would be unnecessary. Veatch's supplementary motion for a continuance to allow the Government time to prepare a rebuttal to the insanity defense was likewise denied. In addition, Veatch moved the court to suppress any use by the Government of the watch, two rings and sales receipt at trial. That motion was denied.
At trial, the two rings, watch and sales receipt were all admitted into evidence over Veatch's objections. He contends that all of the items were unlawfully seized without a warrant. We disagree.
The sales receipt was found by the police officer in the wallet lodged in the back seat of the limousine where Veatch had been sitting. The officer opened the wallet and searched its contents after Veatch denied ownership when the officer asked him if it belonged to him. The Government contends that Veatch has no standing to challenge the search of the wallet because he had voluntarily abandoned it.
In United States v. Jackson, 544 F.2d 407 (9th Cir. 1976), this court held that if a person has voluntarily abandoned property, he has no standing to complain of its search or seizure. The basis of the principle is that upon abandonment, the party loses a legitimate expectation of privacy in the property and thereby disclaims any concern about whether the property or its contents remain private. 4 The difficult question is what actions constitute an abandonment of property. In Jackson, the court stated:
Abandonment is primarily a question of intent, and intent may be inferred from words, acts, and other objective facts. (cites omitted). Abandonment here is not meant in the strict property-right sense, but rests instead on whether the person so relinquished his interest in the property that he no longer retained a reasonable expectation of privacy in it at the time of the search.
The issue, therefore, is whether Veatch's denial of ownership and interest in the wallet constitutes an abandonment of property. We find that it does.
In United States v. Cella, 568 F.2d 1266, 1283 (9th Cir. 1977), the court summarized some of the acts which had been found to constitute abandonment and specifically noted Jackson, characterizing the act in that case as:
(A) denial of ownership when questioned, even if the defendant is seen previously in possession of the item....
568 F.2d at 1283. Accord, United States v. Canady, 615 F.2d 694, 696-97 (5th Cir.), cert. denied, 449 U.S. 862, 101 S.Ct. 165, 66 L.Ed.2d 78 (1980); United States v. Miller, 589 F.2d 1117, 1131 (1st Cir. 1978), cert. denied, 440 U.S. 958, 99 S.Ct. 1499, 59 L.Ed.2d 771 (1979); United States v. Anderson, 500 F.2d 1311, 1318 (5th Cir. 1974); United States v. Colbert, 474 F.2d 174, 176-77 (5th Cir. 1973) (en banc). See also Lurie v. Oberhauser, 431 F.2d 330, 333 (9th Cir. 1970). The facts of the present case fall well within the holdings of these cases. Veatch expressly disclaimed ownership of the wallet to the officer. This left him with no reasonable expectation of privacy in the wallet and he cannot now object to its search. The district court's denial of Veatch's motion to suppress the sales receipt on the grounds that it was abandoned is affirmed.
The second suppression issue raised by Veatch concerns the watch and two rings which were given to the FBI by Lindquist. 6 Veatch contends that the FBI should have secured a search warrant before receiving these items. The Government contends that Lindquist's actions were voluntary and private, and absent some type of FBI involvement, the items were lawfully received.
The central question surrounding this matter is whether Lindquist, "in light of all the circumstances of the case, must be regarded as having acted as an 'instrument' or agent of the state" when he obtained Veatch's property and gave it to the FBI. Coolidge v. New Hampshire, 403 U.S. 443, 487, 91 S.Ct. 2022, 2049, 29 L.Ed.2d 564 (1971). This court has held "(a) private search in which the government is in no respect involved-either directly as a participant or indirectly as an encourager-is not subject to the Fourth Amendment because the private actor is motivated in whole or in part by a unilateral desire to aid in the enforcement of the law." United States v. Gumerlock, 590 F.2d 794, 800 (9th Cir.) (en banc), cert. denied, 441 U.S. 948, 99 S.Ct. 2173, 60 L.Ed.2d 1052 (197...
To continue reading
Request your trial
-
U.S. v. Duggan
...waives his right to raise an insanity defense. United States v. Veatch, 647 F.2d 995, 1002-03 (9th Cir.), modified on other grounds, 674 F.2d 1217 (1981), cert. denied, 456 U.S. 946, 102 S.Ct. 2013, 72 L.Ed.2d 469 (1982); United States v. Caplan, 633 F.2d 534, 539 (9th Cir.1980); United Sta......
-
State v. Barrow
...States v. Bradshaw, 690 F.2d 704 (9th Cir.1982), cert. denied, 463 U.S. 1210, 103 S.Ct. 3543, 77 L.Ed.2d 1392 (1983); United States v. Veatch, 674 F.2d 1217 (9th Cir.1981), cert. denied, 456 U.S. 946, 102 S.Ct. 2013, 72 L.Ed.2d 469 (1982); United States v. Crews, 781 F.2d 826 (10th Cir.1986......
-
Pleasant v. Lovell
...v. Black, 767 F.2d 1334, 1339 (9th Cir.), cert. denied, 474 U.S. 1022, 106 S.Ct. 574, 88 L.Ed.2d 557 (1985); United States v. Veatch, 674 F.2d 1217, 1221-22 (9th Cir.1981), cert. denied, 456 U.S. 946, 102 S.Ct. 2013, 72 L.Ed.2d 469 (1982); United States v. Gumerlock, 590 F.2d 794, 800 (9th ......
-
Wilson v. Mintzes
...on such motions, although such inquiry would not be appropriate if the motion sought a change of counsel. See United States v. Veatch, 674 F.2d 1217, 1226-27 (9th Cir.1981).18 Justices Brennan and Marshall have concluded that prejudice need not be shown, Morris, 461 U.S. at 27-28, 103 S.Ct.......