Thomas Busby and James Iman v. United States

This is an appeal from a judgment of conviction in the District Court of the United States for the Northern District of California for possession of a firearm which had not been registered in accordance with 26 U.S.C.A. § 5841 , such possession being in violation of 26 U.S.C.A. §§ 5851 and 5861. The jurisdiction of this court is founded upon 28 U.S.C.A. § 1291 .

On or about 1 a. m. on December 23, 1960, in San Francisco, Police Officer C. C. Ryder received a call while at the Taraval Police Station that there were suspicious men in an automobile. Pursuant to that call Ryder went in a patrol car to No. 1 Lakeshore Plaza where a bar and a restaurant (Grant’s Charcoal Broiler) are located, expecting to find a white automobile which he had been informed was thought to be involved. When he arrived at No. 1 Lakeshore Plaza a civilian unknown to him pointed to a red and white DeSoto automobile moving away from him some blocks distant and said, “Follow that car; those are the men they want.” As Ryder followed the car he saw that the light over the license plate was out. Ryder pulled his patrol car behind the automobile he was following, turned his red lights on, and signaled the car to…