United States v. Jack Damian Welp

Appellant appeals from his conviction for bank robbery. He attacks his conviction on three grounds: (1) the district court erred in denying his motion to suppress evidence that he contends was the product of an illegal search and seizure; (2) the court abused its discretion in excluding a psychiatrist’s testimony, and (3) the prosecutor commented improperly upon the defendant’s failure to call a witness.

Nebraska police officers having observed appellant’s erratic driving stopped him and asked for his driver’s license and automobile registration. The numbers on the Oregon registration and plates did not match. Appellant was arrested on a charge of driving with fictitious plates, and he was transported to jail where his wallet was searched. Thereafter his automobile was searched with his consent. He was released after a check with Oregon authorities revealed that he had properly obtained new plates. Evidence obtained during the searches connected appellant with the Oregon bank robbery for which he was convicted. Appellant recognizes that the sole basis upon which he can challenge the legality of the warrantless search to which he did not consent is to attack the arrest to which…