United States v. Gregory Lee McCrea

McCrea was convicted in a jury trial of possession of an unregistered firearm (destructive device) in violation of 26 U.S.C. § 5861 (d). On this appeal, he contends that certain incriminating evidence should not have been admitted at trial because:

1. No probable cause existed for issuance of the search warrant by which a pipe bomb and other evidence were seized.

2. The search and seizure went beyond the scope of the search warrant.

3. He made inculpatory statements at the time of the search without having been fully advised of his Miranda rights.

We affirm the judgment of conviction.

FACTS

Two ladies, social workers from the State Department of Social and Health Services, visited a welfare recipient, Kip McCrea, at her home in Spokane. Mrs. McCrea is the former wife of appellant. While conversing with Mrs. McCrea in the living room, the social workers saw what in their eyes was the stock and handgrip of a machine gun under a chair and many bullets in another part of the room. Mrs. McCrea told them that her ex-husband was storing his guns there although he did not live there; that he used the basement of the house to keep guns, reloading equipment and gun parts; and that he…