United States v. Demetri T. Tolias

We are asked to decide whether Demetri Tolias voluntarily consented to a search of his premises during which were found a diary and sales slip which implicated him in the crime of possessing chattels, knowing them to have been stolen while in interstate commerce. 18 U.S.C. § 659 (1970).

On December 4, 1975, two mink coats were stolen from a delivery truck a block from their destination in downtown Seattle. Four days later, police arrested a person during a stakeout who indicated that Tolias was in possession of the coats.

On December 12, 1975 police visited Tolias at his pastry and antique shop, posing as “buyers” interested in fur coats. The officers subsequently arrested Tolias and asked him where the fur coats were. According to police testimony, Tolias responded: “I don’t have the mink coats, they are not here in the building and you can look anywhere you want.” (Transcript of Motion to Suppress Hearing at 82.) It was on the basis of this consent that the search was undertaken and the evidence at issue found in the living portion of Tolias’ shop, upstairs from the ■business portion.

The arrest occurred slightly before 1:00 a. m. and it was not until nearly 4:00 a. m. that…