United States v. Emory Woods, Jr.

Emory Woods, Jr. appeals from his conviction on all five counts of an indictment charging that, on September 8, 1971, Woods unlawfully had in his possession the contents of five letters, addressed to five different individuals, which letters, as Woods knew, had been stolen from the mail, in violation of 18 U.S.C. § 1708 . Five-year concurrent sentences were imposed.

On appeal, Woods first raises three search and seizure questions, one pertaining to the contents of a wallet in Woods’ possession, and the other two pertaining to items taken from Woods’ automobile.

On the morning of September 8, 1971, Los Angeles police officer Harold L. Hastain stopped Woods for driving part way into an intersection against a red light. Woods told Hastain that he had no driver’s license and had no other identification with him. He gave his name as William L. Brown. Hastain thereupon issued Woods a citation, in the name of William L. Brown, for entering an intersection against a red light and for driving without a driver's license.

Hastain next contacted headquarters over his radio and was told that there were seven traffic warrants outstanding in the name of William L. Brown. When Hastain told…

(concurring) :

I concur, but I do not think we need to rely on Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969).

In my view, after Woods identified himself as William L. Brown and then Woods denied any knowledge of William L. Brown traffic warrants, officer Hastain had a duty and a right to find out who his “Brown” was. And, I include in his right an insistence upon seeing the contents of the wallet and the notebook where traditionally identifying materials are found. The facts are not Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972), but from it I get a message that will cover the facts of this case.

468 F.2d 1024 UNITED STATES of America, Plaintiff-Appellee, v. Emory WOODS, Jr., Defendant-Appellant. No. 72-1275. United States Court of Appeals, Ninth Circuit. Aug. 16, 1972. Certiorari Denied Dec. 4, 1972. See 93 S.Ct. 544 . Alan L. Isaacman, Atty. (argued), John K. Van de Kamp, Atty., Los Angeles, Cal., for defendant-appellant. Lawrence W. Campbell, Asst. U. S. Atty. (argued), Darrell W. MacIntyre, Eric A. Nobles, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee. Before CHAMBERS, HAMLEY and CHOY, Circuit judges. HAMLEY, Circuit Judge: 1 Emory Woods, Jr. appeals from his conviction on all five counts of an indictment charging that, on September 8, 1971, Woods unlawfully had in his possession the contents of five letters, addressed to five different individuals, which letters, as Woods knew, had been stolen from the mail, in violation of 18 U.S.C. Sec. 1708 . Five-year concurrent sentences were imposed. 2 On appeal, Woods first raises three search and seizure questions, one pertaining to the contents of a wallet in Woods' possession, and the other two pertaining to items taken from Woods' automobile. 3 On the morning of September 8,…