U.S. v. Wantland, 84-1591
| Decision Date | 05 February 1985 |
| Docket Number | No. 84-1591,84-1591 |
| Parties | UNITED STATES of America, Appellee, v. Harold Ervin WANTLAND, Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
James R. Cook, Cook & Waters Law Firm, Des Moines, Iowa, for appellant.
Richard C. Turner, U.S. Atty., Guy R. Cook, Asst. U.S. Atty., Des Moines, Iowa, for appellee.
Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.
Harold Ervin Wantland appeals from his conviction, based upon a conditional plea of guilty, for armed robbery of a federally insured savings and loan association in violation of 18 U.S.C. Sec. 2113(d) (1982). He argues that the district court 1 erred in denying his motion to suppress evidence seized following an investigatory stop of his motor vehicle. We affirm the conviction.
At 1:30 p.m. on October 13, 1983, a lone white male robbed the Citizens Federal Savings and Loan Association in Davenport, Iowa of $15,596.50 at gun point. He fled in a red 1983 Buick Century, Iowa license GHT 054. Within minutes of the robbery a police dispatcher sent a description of the robber and the getaway car to neighboring local law enforcement agencies. The robber was described as a white male, approximately five feet, eight inches tall and approximately thirty-five years old.
Illinois state trooper William Kauzlarich heard this transmission while patrolling an interstate highway and positioned his automobile near the Mississippi River Bridge to watch traffic entering Illinois.
Meanwhile, police officers obtained a more detailed description of the robber as having black hair and a black beard which appeared to be fake and as wearing a two-piece blue suit. They also found the red 1983 Buick Century abandoned in a parking lot close to the bank. An employee of the shopping mall in which the bank was located, Mr. McCarthy, informed the police that approximately two hours before the robbery he had seen a man who fit the description of the robber prowling around the parking lot trying to get into cars and that the man later had driven away in a gold 1971 Dodge Dart. McCarthy gave the license number, which he had written on his hand, to the police.
At 2:00 p.m. the police dispatcher transmitted this additional information about the robbery: the red 1983 Buick had been located; the suspect was believed to be driving a gold 1971 Dodge Dart, Illinois license 104-819; and the suspect was a white male, five feet, eight inches tall, wearing a two-piece blue suit and what appeared to be a fake black beard and black wig.
Trooper Kauzlarich heard this second transmission while watching traffic crossing the Mississippi River Bridge. Shortly thereafter he spotted and began to follow a gold 1971 Plymouth Duster being driven by a middle-aged white male with balding hair and no beard. There were no passengers in the car. Kauzlarich then contacted the police dispatcher and asked her to repeat the license number of the suspected getaway car. She stated that it was Illinois license number 104-819. He then informed her that he was following a gold Plymouth Duster, Illinois license number 104-849, and planned to make a stop.
After contacting other state troopers for assistance, Kauzlarich made the stop, ordered the driver, defendant/appellant Wantland, out of the automobile, and frisked him. Kauzlarich then searched the interior of the automobile, finding no weapons or evidence of a crime. Another trooper, after obtaining Wantland's consent, opened the trunk, where he found a bag containing a large amount of currency and a two-piece blue suit. Kauzlarich then placed Wantland under arrest and advised him of his constitutional rights.
Wantland was later indicted on one count of armed robbery in violation of 18 U.S.C. Sec. 2113(d). His motion to suppress the evidence obtained from the automobile was denied. Wantland then entered a conditional guilty plea, reserving the right to seek review of the denial of his motion to suppress. This appeal followed.
Wantland argues that Kauzlarich lacked a reasonable basis to make an investigatory stop of his automobile. First, he emphasizes that he did not...
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