United States v. Donald A. Brandon

This is an appeal by the defendant-appellant, Donald Brandon, from his conviction for counterfeiting activity in violation of 18 U.S.C. § 474 .

On May 5, 1971, he was indicted on four counts: (1) possessing plates and other materials for counterfeiting government obligations; (2) possessing five (5) counterfeit One Dollar Federal Reserve Notes, in violation of 18 U.S.C. § 472 ; (3) with making a plate to counterfeit One Dollar ($1) and Twenty Dollar ($20) Federal Reserve Notes; and (4) with making five (5) counterfeit One Dollar ($1) Federal Reserve Notes, in violation of 18 U.S.C. § 471 . Brandon was convicted in a non-jury trial on Counts One and Three relating to possession of counterfeiting plates. He was acquitted on Counts Two and Four when the court suppressed evidence of the counterfeit bills as the product of an unlawful search of Brandon’s car. After sentence of two concurrent five-year terms, he appeals. His contention is that the evidence of the counterfeiting plates and his confessions should also have been suppressed as the product of an illegal search.

Officer Celia of the Garden Grove, California, Police Department, testified that on March 31, 1971, at about 2:00…