United States v. Robert Lee Jamerson

Robert Lee Jamerson appeals from his conviction, after a jury trial, on a charge of knowing transportation of a stolen vehicle in interstate commerce in violation of the Dyer Act, 18 U.S.C. § 2312 . The appeal raises two major issues: first, whether it was error for the trial court to refuse to instruct the jury to disregard the prosecution’s reference in closing argument to certain hearsay evidence introduced during the trial and, second, whether the court improperly denied a motion to suppress physical evidence discovered during the course of an allegedly improper search. We reject both appellant’s contention concerning the impropriety of referring to the hearsay testimony in closing argument and his contention that the admission into evidence of the material uncovered during a warrantless entry of the stolen vehicle violated the appellant’s Fourth Amendment rights. Accordingly, for the reasons hereinafter stated, we AFFIRM.

I.

In the early morning hours of September 17,1975, appellant was observed by a Washington State Wildlife Agent sleeping in a van parked near Highway 21 in Ferry County, Washington. A check of the vehicle’s license plate number, conducted by the agent and…