United States v. James Wesley Friend, United States of America v. Nedra Jean Friend
Opinion
Opinion
James Wesley Friend and Nedra Jean Friend were convicted of violating 26 U.S.C. § 5861 (c) — unlawful possession of a firearm (a “sawed-off” shotgun) made in violation of 26 U.S.C. § 5822
and violating 26 U.S.C. § 5861 (d) — unlawful possession of a firearm (the said shotgun) not registered to them in the National Firearms Registration and Transfer Record.
They urge two grounds for reversal of the judgments.
1. The search and seizure
FBI agents seized the gun from the locked trunk of the Friends’ automobile when they arrested Friend on a charge of unlawful flight to avoid prosecution. Friend was seated at the wheel of the vehicle (Mrs. Nedra Friend and one Rene Bud Wyman were passengers). He was preparing to drive away from a parking place.
Appellants argue that the search was illegal, because the officers had no search warrant, and because it was not undertaken to secure “the fruits of or the implements used to commit” the crime which precipitated the arrest. Appellants further assert that the search cannot be upheld as incident to a lawful arrest, since the trunk was not “within the immediate control” of any of the occupants of the car.