United States v. Larry Charles Howard

Appellant was indicted, tried and convicted in a jury trial of a violation of 18 U.S.C. § 2312 (Dyer Act).

ISSUES

(1) Did the trial court err in overruling appellant’s motion to suppress ?

(2) Was the government’s Exhibit 3 properly admitted into evidence?

FACTS

On the motion to suppress, two officers testified that they observed a dark Thunderbird automobile traveling at a rate of 80 to 90 miles per hour in a 70 m. p. h. zone. After pursuing the T-Bird for some distance, they came upon it parked by the side of the road with a flat tire. The officers ordered the three men at the scene, including the appellant, to the side of the road. In the meantime, another officer had been asked to follow a black Thunderbird. This officer radioed ahead and learned that the other officers had stopped the vehicle. He arrived at the scene a short time after the other officers. After discussing the subject with the first two officers on the scene, the one last arriving arrested the appellant for reckless driving. Appellant argues that the arrest was unlawful under Nevada statutes allowing warrantless arrests for offenses committed in the presence of the officer because the arresting officer…