United States v. Leroy J. Bussey

Leroy Bussey appeals his conviction at a trial to the court for attempted bank robbery, 18 U.S.C. § 2113 (a), and for carrying a firearm during an attempted bank robbery, 18 U.S.C. § 924 (c) (Supp. 1974). His plan was a rather elaborate one to force the bank manager to accompany him and his confederates from his home to the bank where the manager would open the vault door for them. The plan progressed with the aid of pistols and a shotgun to the point where the manager explained that the vault door had a time lock which would not permit anyone to open it until a much later designated time. They were convinced and left the house. A woman who was a participant told the whole story to the FBI and gave written permission for a search of the motel room where the group was staying. A search was made and incriminating evidence was obtained.

At a hearing the court denied suppression upon the ground that a valid consent had been given. The court was correct as to the common areas, United States v. Matlock, 415 U.S. 164 , 94 S.Ct. 988 , 39 L.Ed.2d 225 (1974), but in error as to the appellant’s personal luggage from which much of the evidence was taken.

The error was harmless in…