Timothy George Elledge v. United States

Appellant stands convicted of the crime of interstate transportation of counterfeiting equipment, and has appealed from judgment. The transported equipment consisted of a check protector which was established to be property of the appellant and was received in evidence at trial over appellant’s objection. At issue is his right to suppression of that evidence upon the ground that it was obtained by unlawful search and seizure.

The search and seizure occurred in appellant’s motel room in Phoenix, Arizona. Present were appellant, his co-defendant and two police officers. No search warrant had been secured. The check protector was enclosed in a package and at the time was on the floor. An officer inquired of appellant as to what was in the package and appellant responded : “I don’t know. It’s not mine.” At the direction of the officer the code-fendant then opened the package.

Such disclaimer of ownership by the appellant is analogous to abandonment. Cf. Abel v. United States, 362 U.S. 217, 241 , 80 S.Ct. 683 , 4 L.Ed.2d 668 (1960). In both cases the same message, by act or word, is delivered to the officer: that as to the actor or speaker there is no interest which would be invaded…