Thomas Theodore Keith v. United States

Defendant was convicted after jury trial of two robberies of the Bank of America, 16th and Mission Streets Branch, San Francisco, committed on January 5, 1967 and April 14, 1967.

Shortly after the April 14 robbery, defendant became a suspect because his automobile was identified as being near the crime scene. FBI agents visited and interviewed him at his apartment that afternoon and searched his car in the garage below. At that time, the agents saw but did not seize a blue navy watch cap.

On April 20, the agents obtained a warrant of arrest and arrested defendant at his apartment. At that time, they searched the bedroom and seized a pair of white duck trousers and searched the car in the garage and seized the blue navy watch cap.

Motions to suppress the white trousers and blue cap were denied after full hearing. The Court found on conflicting evidence that defendant had consented to the April 14 search of the car. The Court also denied motions for discovery of the names of the witnesses and participants in the pre-trial identification lineups where defendant was identified by the victim tellers.

The witnesses to the April 14 robbery described the robber as wearing white pants.…