U.S. v. Walker, 76-3555

• Decision Date: 09 June 1978
• Docket Number: No. 76-3555,76-3555
• Citation: 576 F.2d 253
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. DeValle Oakie WALKER, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 253

576 F.2d 253

UNITED STATES of America, Plaintiff-Appellee, v. DeValle Oakie WALKER, Defendant-Appellant.

No. 76-3555.

United States Court of Appeals Ninth Circuit.

June 9, 1978.

Susan Guberman, Marina Del Rey, Cal. (argued), of Nasatir, Sherman & Hirsh, Beverly Hills, Cal., for defendant-appellant.

Mark E. Beck, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellee.

Appeal from the United States District Court for the Central District of California.

Before CHOY and WALLACE, Circuit Judges, and TURRENTINE, ^* District Judge.

PER CURIAM:

Walker was convicted for possessing fifty-five twenty-dollar counterfeit Federal Reserve notes in violation of 18 U.S.C. § 472. He raises the following arguments on appeal: (1) the trial court erred in refusing to suppress evidence seized from one Thelma Nelson; (2) the trial court erred in admitting evidence obtained from appellant's residence without a search warrant; (3) the trial court erred in admitting evidence of certain inculpatory statements; and (4) he was denied effective assistance of counsel.

On February 4, 1971, narcotics enforcement agents went to appellant's residence to arrest him for selling cocaine to a state agent under controlled circumstances. As the agents entered the apartment complex they saw appellant and Thelma Nelson leaving. Nelson was observed carrying a large purse and a brown paper bag. The agents approached the couple and ordered them to "hold it." Appellant stopped immediately, but Nelson continued toward a grape stake fence. At a second command to "hold it," Nelson stopped, but only after attempting to hide the paper bag behind the fence. As she reached into the cloth purse, one of the agents took it to feel for weapons. Detecting several large, hard objects in the purse, he opened it to investigate further for weapons. The agent observed inside the purse a tin foil bindle and several transparent vials containing red capsules that appeared to be amphetamines. No weapons were found in the purse. Nelson was then placed under arrest, and the officers examined the paper sack placed by her near the fence. It contained a large quantity of counterfeit twenty-dollar Federal Reserve notes, a substance that appeared to be cocaine, and Walker's wallet.

The agents proceeded to Walker's apartment to look for additional suspects. They were admitted to the apartment by a woman who answered the knock. Walker was brought back to the apartment and consented to a search of it. He was given the Miranda warnings, which he said he understood. Thereafter he stated that the counterfeit bills were his.

Appellant's first contention is that the agents did not have a founded suspicion to justify the detention or pat-down of Nelson, and therefore lacked probable cause to arrest her and obtain the contents of the paper sack. For that reason, he maintains, the evidence should have been suppressed. He relies on both California and federal law. United States v. Grajeda, 570 F.2d 872, 873-74 (9th Cir. 1978), holds that the propriety of a stop or arrest by a state officer is subject only to federal standards since the adoption of the Federal Rules of Evidence in 1975. Appellant's trial, however, took place in 1971, well before the Federal Rules became the exclusive evidentiary rules in federal court. Therefore, both federal and state standards must be examined in this appeal. See Grajeda, 570 F.2d at 874 n. 1.

Under California law, a stop is justified if the officer had a good faith suspicion or a rational belief of criminality. People v. Flores, 12 Cal.3d 85, 91, 115 Cal.Rptr. 225, 524 P.2d 353 (1974)...