Albert Lloyd Andersen v. United States

“It is an old joke,” the appellant’s expert testified, and only semi-humorously, “that you have got to be a little nuts to be a psychiatrist.

“You got to be a little off to be a psychiatrist or you can’t make a living any other way unless you are, and pretty near the same thing follows for a psychologist.”

The appellant himself, however, who holds a Ph.D. in clinical psychology, disagreed with his expert witness.

“It isn’t too good for a psychologist to be crazy,” he said.

That remark might easily be classified as the understatement of the year.

On one occasion, in a movie, the appellant “began to feel like I was going to start crying”. He hurried back to his office, where he put a pillow to his head so people in the building couldn’t hear his sobs.

“Big boys don’t cry,” the appellant explained.

1. Statement of the Case

On September 29, 1955, there was filed against the appellant an indictment in two counts, charging him with violations of 18 U.S.C.A. § 474 , infra, on or about August 1, 1955, at Las Vegas, Nevada.

Count One alleged that the appellant did “photograph, and print the likeness of, a genuine Fifty Dollar * * * United States Federal Reserve Note * * ”

Count…

(concurring).

I concur in the result reached in this opinion.

The search was not illegal, but clearly legal. There was a lawful search warrant issued by a state official, based upon the theft of a camera apparently already in the possession of the state officers. The authorization was for the seizure of articles supposed to have been stolen in burglaries. But under its authority photographic prints, possibly made through the use of the stolen camera, could have been taken by state officers. Additionally, the prints of money were illegal and contraband under Nevada law 1 and could have been seized as evidence in connection with the alleged theft of a camera. A second ground is that the entry of the state officers into an office open to the public in order to serve a warrant of arrest was legal. This warrant of arrest was served and thereby an independent, valid ground of seizure of illegal articles in this office was laid. No dwelling house is involved. The fact that the articles lawfully seized were turned over to the federal government is immaterial.

The ground that there was no federal participation in the search, as held in the majority opinion, is likewise sound.

The trial…

237 F.2d 118 Albert Lloyd ANDERSEN, Appellant, v. UNITED STATES of America, Appellee. No. 15053. United States Court of Appeals Ninth Circuit. September 21, 1956. Ralph Morgali, Charles Miles, Jr., Las Vegas, Nev., Albert M. Dreyer, Washington, D. C., for appellant. Franklin P. R. Rittenhouse, U. S. Atty., Howard W. Babcock, Asst., U. S. Atty., Las Vegas, Nev., for appellee. Before LEMMON, FEE and BARNES, Circuit Judges. LEMMON, Circuit Judge. 1 "It is an old joke," the appellant's expert testified, and only semi-humorously, "that you have got to be a little nuts to be a psychiatrist. 2 "You got to be a little off to be a psychiatrist or you can't make a living any other way unless you are, and pretty near the same thing follows for a psychologist." 3 The appellant himself, however, who holds a Ph.D. in clinical psychology, disagreed with his expert witness. 4 "It isn't too good for a psychologist to be crazy," he said. 5 That remark might easily be classified as the understatement of the year. 6 On one occasion, in a movie, the appellant "began to feel like I was going to start crying". He hurried back to his office, where he put a pillow to his head so people in the building…