United States v. Roy L. Capps

The government appeals from the district court’s order suppressing the use of a machine gun as evidence in the prosecution of appellee for the unlawful possession of an unregistered firearm in violation of 26 U.S.C. § 5861 (d). The jurisdiction of this court to review the granting of the motion to suppress is conferred by 18 U.S.C. § 3731 .

On October 14, 1969, Agent Dale Chorpenning, a special investigator of the Alcohol, Tobacco and Firearms Division of the Treasury Department, obtained a search warrant for a certain green 1968 Pontiac Firebird. The affidavit in support of the warrant stated that the car contained a .45 caliber machine gun in a red bowling bag located in the trunk. The affidavit further stated that appellee had represented to an informant that the weapon belonged to appellee.

Since the location of the suspect vehicle was unknown, a party of five federal agents and two detectives from the Auburn Police Department split into three groups and began patrolling the Auburn and Sumner, Washington, areas looking for the Pontiac. About 4:30 p. m. Agent Donald Madsen spotted appellee riding as a passenger in a 1962 Oldsmobile heading toward the residence of co-defendant…