James A. Heffley v. Carl Hocker, Warden, Nevada State Prison

(dissenting).

I would affirm and hold that the seizure of the incriminating documents falls within the rule announced in Harris v. United States, 390 U.S. 234, 236 , 888 S.Ct. 992 , 993, 19 L.Ed.2d 1067 (1968), where the Court held:

In Harris, an officer was examining the defendant’s car for the purpose of removing any valuables. When he *887 opened the door to the vehicle he viewed a registration certificate. The document was seized and used to incriminate the defendant at trial. The examination was conducted pursuant to a police regulation, and as in the instant case, the evidence was seized without a warrant and while the defendant was incarcerated in the station house.

Defendant Heffley was arrested for illegal possession of a gun. At the scene of arrest the officers viewed, in bulk, the following items lying in the back portion of the vehicle: six shotguns, two rifles, two pistols, four cameras, field glasses, a timing light and various papers. The documents in issue were either underneath the weapons or lying next to them. 1 When Heffley’s vehicle was later taken to the police station Officer Santich seized the weapons and the documents.

Assuming the two passports and…

James Alvin Heffley, serving a life sentence in Nevada State Penitentiary, appeals from an order denying his application for a writ of habeas corpus.

Heffley’s incarceration is pursuant to a 1 burglary conviction and a subsequent habitual criminal conviction obtained in 1966. The burglary conviction was upheld on appeal on March 20, 1967, one justice dissenting. Heffley v. State, 83 Nev. 100 , 423 P.2d 666 (1967).

Heffley alleged in his application for a writ that he was deprived of his Fourth Amendment rights because documents seized during an illegal search of his automobile were received in evidence against him at his state burglary trial.

The facts pertaining to the seizure of these documents are not in dispute. On November 13, 1965, Officer George San-tich of the Sacramento, California police department, received an order to investigate a report that a person driving a 1957 blue and white Buiek with license number LUS 507 was trying to sell some *882 guns. Sometime thereafter Santich saw this automobile being driven along a Sacramento street. Santich drove along behind the Buick until it stopped for a traffic light. He then got out of the police car and approached the…

420 F.2d 881 James A. HEFFLEY, Appellant, v. Carl HOCKER, Warden, Nevada State Prison, Appellee. No. 22661. United States Court of Appeals Ninth Circuit. Dec. 9, 1969. James A. Heffley, in pro. per. Harvey Dickerson, Atty. Gen. of Nevada, Carson City, Nev., for appellee. Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District judge. * HAMLEY, Circuit Judge: James Alvin Heffley, serving a life sentence in Nevada State Penitentiary, appeals from an order denying his application for a writ of habeas corpus. Heffley's incarceration is pursuant to a burglary conviction and a subsequent habitual criminal conviction obtained in 1966. The burglary conviction was upheld on appeal on March 20, 1967, one justice dissenting. Heffley v. State, 83 Nev. 100 , 423 P.2d 666 (1967). 1 Heffley alleged in his application for a writ that he was deprived of his Fourth Amendment rights because documents seized during an illegal search of his automobile were received in evidence against him at his state burglary trial. 2 The facts pertaining to the seizure of these documents are not in dispute. On November 13, 1965, Officer George Santich of the Sacramento, California police department, received…