United States v. Arthur Ronald Decatur

Good Law
430 F.2d 365·1970 U.S. App. LEXIS 8095
United States Court of Appeals for the Ninth CircuitJuly 20, 197022382California1,050 words

Opinion

Opinion

Defendant was convicted of stealing mail and possessing stolen mail in violation of 18 U.S.C. § 1708 . He seeks reversal on the ground that evidence admitted against him was obtained by an illegal search and seizure following his illegal arrest by federal postal inspectors.

In November 1965, a Los Angeles, California, post office was burglarized and keys taken which opened postal relay boxes within the delivery limits of the city. Mail was later reported missing from a number of the boxes. Postal inspectors assigned to investigate received information that a “dirty white or light blue” Nash Rambler had been observed in the vicinity of the relay boxes from which mail had been taken, and that some of the missing mail had been found in garbage bins at the rear of an apartment complex.

After receiving reports of further relay box pilferage, Postal Inspectors Peterson, Dawes, and Collier established a “stake-out” behind the apartment complex. Inspector Collier posted himself in an apartment on the third floor overlooking the garbage bins. Inspector Peterson checked the trash bins and found one nearly empty; and he and Inspector Dawes then stationed themselves a short distance away…

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