United States v. Tommie Edwards

Appellant appeals from a conviction for violating the Dyer Act ( 18 U.S.C. § 2312 ). He contends that the District Court erred in denying, in part, his motion to exclude evidence illegally obtained and that the admissible evidence was inadequate to sustain his conviction.

On March 4, 1968, two police officers observed a Chevrolet automobile with Mississippi license plates parked off the highway in an uninhabited area within the city limits of Flagstaff, Arizona. The time was 2 o’clock in the morning. The windows of the automobile were rolled up, and the engine was running. The officers saw appellant and another man asleep in the car. Officer Stamper awakened appellant by rapping on the window. Appellant said that he owned the car and that his name was “Marion Stephens.” He showed Officer Stamper a driver’s license bearing that name, but the description of the licensee did not resemble appellant. Stamper asked appellant for his registration slip. As appellant leafed through his wallet, Stamper saw a black plate that looked like a vehicle identification number plate. Stamper asked if he might see the plate, and appellant gave it to him. Appellant could not produce a registration…