Robert Edward Toohey v. The United States of America

Appellant was convicted of transporting a stolen motor vehicle in interstate commerce and concealing and storing the same.

In the early afternoon of March 30, 1966, Sergeant Francis M. Wheeling of the L.A.P.D. received word from an informant that a stolen 1965 red Thunderbird convertible with a black top would arrive at the Golden Lion Bar at approximately 9:00 p. m. that night. The car would have Massachusetts license plates and one of the occupants would be Robert Schroeter, alias Red Kelley, who was known to Sgt. Wheeling. The driver would be a slender, dark-complected male Caucasian who was from San Francisco.

Approximately 9:00 p. m. on March 30, 1966, near the Golden Lion Bar, Sergeant Wheeling, along with other officers of the Los Angeles Police Department, observed appellant drive and park a vehicle matching the description given by the informant, with Red Kelley in the car. Sgt. Wheeling stopped his car in front of the vehicle and approached the driver, appellant Toohey. The following colloquy took place:

1.. Wheeling asked the appellant for his operator’s license [R.T. 22],

2. The appellant said, “I don’t have one.” [R.T. 22],

3. Wheeling asked Toohey for his…