United States v. Buck Duane Walker

Buck Duane Walker was tried by jury on a three-count indictment. Count I charged Walker with theft within the special maritime and territorial jurisdiction of the United States, a violation of 18 U.S.C. § 661 ; count II charged him with transporting stolen property in interstate commerce, a violation of 18 U.S.C. § 2314 ; and count III charged him with making a false statement in an application for a passport, a violation of 18 U.S.C. § 1542 . Walker was convicted on all three counts. He appeals his conviction on the first two counts, contending that photographic evidence used against him was discovered by an illegal search, and further that the trial court erred in some of its jury instructions and in denying a defense motion to consolidate the two counts.

I

Walker contends that the court erred in denying his motion to suppress certain photographs introduced at trial by the Government. To evaluate this claim, we briefly examine the events preceding discovery of the photographs. Walker took some of the pictures and claimed that he owned the film. The film was delivered for processing to a drug store in Honolulu by a Stephanie Stearns, under the name of S. Allen. Stearns later…