William Ernest Frye v. United States

Frye appeals from his conviction, following a trial by the court, under a one-count indictment which charged that he and one Barr had in their possession a 12-gauge shot gun with an 8-inch barrel, a firearm as defined in 26 U.S.C. § 5848 , which had not been registered with the Director, Alcohol and Tobacco Tax Division, Washington, D. C. The offense is a violation of 26 U.S.C. § 5851 . Barr was acquitted by the court.

Frye makes two contentions:

1. That the evidence against him was obtained as a result of an unreasonable search and seizure, and

2. That section 5851 is unconstitutional, when read with section 5861, because it violates the due process clause of the fifth amendment to the Constitution and is also unconstitutional because it violates the eighth amendment to the Constitution. We conclude that Frye’s conviction must be affirmed.

The evidence, stated most favorably to the government, discloses that Frye and Barr were arrested on March 22, 1962 by a motorcycle policeman of the city of Monterey Park, California. The police man was stationed at a principal intersection in the town, at about half past eleven in the morning, when he saw Frye driving a ear in which Barr…