Jack Taylor Ruud v. United States

This appeal is from judgment and sentence upon a jury verdict following trial under an indictment charging robbery of a national bank in violation of 18 U.S.C. § 2113 (a).

Appellant asserts two errors. One is that the trial court erred in deny ing his motion under Rule 41(e) of the Federal Rules of Criminal Procedure, made during the trial, to suppress as evidence certain money in the form of bills which had been seized by an agent of the Federal Bureau of Investigation upon a search of appellant’s motel room. It is contended here that both the search and the seizure were unreasonable within the meaning of the Fourth Amendment. The evidence, however, fully supports the District Judge’s finding that appellant, following his arrest and while in custody, voluntarily and understandingly gave advance written consent to the search. Clearly then the search thereafter made, which resulted in discovery and seizure of the evidence in question was not unreasonable under the circumstances. [See: United States v. Mitchell, 322 U. S. 65 , 64 S.Ct. 896 , 88 L.Ed. 1140 (1944); United States v. Page, 302 F.2d 81 (9th Cir. 1962).]

The other error alleged is that the trial court improvidently…