Harold Lincoln Ward v. United States

Appellant appeals from a judgment of conviction on the second count of a two count indictment charging him with bank robbery.

On the day of his arrest, state police officers visited the appellant’s television repair shop, without a warrant, but knowing one had been issued and was outstanding for Ward’s arrest on check charges. Upon entering the premises, appellant said he was not Harold Ward, but John Washington; that Ward would return at noon. The officers asked Ward if they could wait for Ward and look around. The officers said he consented. Ward said he did not consent to the search. The officers found money in a coat jacket hanging on the wall. They also found stolen travelers checks, stolen money orders, and false identification papers. Appellant told the officers the coat and money were his, and that the forged instruments belonged to Ward. Sometime before noon, “between 8 and 11” (R.T. p. 66), Ward admitted his identity. The appellant admits he was warned of his constitutional rights immediately after he told the officers his true identity. He was arrested on the basis of the warrant, and the possession of forged instruments, in their presence, both state charges. He was…