United States v. Billy Ray Murray

Murray appeals from his conviction for bank robbery. He claims error in the denial of his motion to suppress items obtained from a warrantless search of three suitcases and complains that the prosecutor commented upon his failure to testify. We affirm the conviction.

Murray and a codefendant, Wilson, were indicted and tried for the robbery of an Oakland bank. A third person, Willis, was indicted but not tried because he was a fugitive. The day before the robbery the trio and a fourth man, Taylor, left the Los Angeles area and spent the evening together in the apartment of Sharon McKee in Oakland. Wilson and Taylor thereafter spent the night in a motel, while Murray and Willis remained all night at McKee’s apartment. Wilson, Murray, and Willis each left a suitcase at the apartment.

At approximately 10:20 the next morning, three armed men wearing ski masks robbed the bank. Immediately afterward, a police officer saw a man wearing a ski mask and surgical gloves hurriedly enter a car that was waiting in front of the bank with a driver inside and the motor running. The car drove away rapidly amid gunfire from other police officers in pursuit. The officer then saw Murray…