United States v. Linda L. Brown, United States of America v. Jerry Thompson Payne

This is an appeal from a conviction under Title 18 of the United States Code, section 2113(b) (bank larceny).

A Wells Fargo Bank in Oakland, California was robbed of approximately $6500. Mrs. Hoff, the victimized teller, reported the incident and gave a description to the F.B.I. Some nine days later, after further investigation and questioning, Mrs. Hoff admitted her involvement in the crime contending she was forced to take part.

Based on her statements, a Special Agent of the F.B.I. procured an arrest warrant for defendant Payne who was subsequently arrested in Alabama. With him at the time was appellant Brown who accompanied him to F.B.I. headquarters and was thereafter formally arrested.

That same day, a search warrant for appellants’ automobile was issued based on an affidavit of one of the F.B.I. agents involved in the investigation.

Appellants were returned to California to stand trial.

On appeal we are asked to resolve the following issues:

1. Whether probable cause existed for issuance of the arrest warrant and the search warrant;

2. Whether the evidence supported the crime charged;

3. Whether the district court committed reversible error in sustaining an…