United States v. Devalle Oakie Walker

Walker was convicted for possessing fifty-five twenty-dollar counterfeit Federal Reserve notes in violation of 18 U.S.C. § 472 . He raises the following arguments on appeal: (1) the trial court erred in refusing to suppress evidence seized from one Thelma Nelson; (2) the trial court erred in admitting evidence obtained from appellant’s residence without a search warrant; (3) the trial court erred in admitting evidence of certain inculpatory statements; and (4) he was denied effective assistance of counsel.

On February 4, 1971, narcotics enforcement agents went to appellant’s residence to arrest him for selling cocaine to a state agent under controlled circumstances. As the agents entered the apartment complex they saw appellant and Thelma Nelson leaving. Nelson was observed carrying a large purse and a brown paper bag. The agents approached the couple and ordered them to “hold it.” Appellant stopped immediately, but Nelson continued toward a grape stake fence. At a second command to “hold it,” Nelson stopped, but only after attempting to hide the paper bag behind the fence. As she reached into the cloth purse, one of the agents took it to feel for weapons. Detecting several…