United States v. Patrick G. Henry

The appellant, Patrick G. Henry, was convicted for knowingly delivering a briefcase in which there was a firearm to a common carrier (American Airlines) for shipment in interstate commerce without giving written notice, in violation of 18 U.S.C. §§ 922 (e) and 924(a). The case principally involves the validity of an airport search of a passenger’s briefcase, the specific application of the federal statute regulating the interstate transportation of firearms, and the pretrial delay in prosecution of the appellant.

The contentions the appellant urges on appeal are: (1) that the search of his briefcase was unlawful, (2) that his arrest was illegal, (3) that his Sixth Amendment speedy trial rights were violated, and (4) that he comes within an exception to the criminal statute he was charged with violating. Having carefully considered these contentions, we find no error which requires a reversal, and we therefore affirm the conviction.

Facts

I. Facts Surrounding Search and Arrest.

On December 6, 1977, at approximately 11:30 A.M., Henry, using the name Donald Yester, approached ticket agent Eugene Zarr at the American Airlines counter at the Tucson International Airport. Henry held…