George Washington Durham v. United States

Appellant was charged with three violations of 18 U.S.C. § 474 . Count I of the indictment involved possession of a counterfeit $20 Federal Reserve Note; Count II, possession of a second $20 Federal Reserve Note; and Count III, possession of a plate to be used for making counterfeit $5 United States Notes.

Appellant was convicted under Count II. For reasons unrelated to this appeal, the other counts were dismissed by the court — Count III after all the evidence was in, and Count I after verdict.

The note and plate referred to in the dismissed counts were obtained by the government when Secret Service agents searched appellant’s house trailer on May 5, 1966, pursuant to a warrant issued the same day. The note referred to in Count II was found in appellant’s wallet on May 7, 1966, under circumstances described later.

Appellant contends that the material seized on May 5 should have been excluded from evidence because the affidavit supporting the search warrant failed to establish probable cause and the search was therefore unlawful.

At the threshold, appellee suggests that we need not consider the validity of the May 5 search because the evidence seized related to the dismissed…