United States v. Raymond A. Huberts, United States of America v. Shirley L. Shelley

Appellants Raymond A. Huberts and Shirley L. Shelley were convicted in a stipulated facts trial of violating 18 U.S.C. §§ 371 and 472 by conspiring to possess and, with intent to defraud, pass counterfeit United States currency. We affirm.

I. FACTS

During the afternoon of August 22, 1978, Mr. and Mrs. Ralph Carter, Shelley’s mother and stepfather, took Mrs. Carter’s twelve-year-old daughter, Janine Doege, to the Douglas County Sheriff’s Office and lodged a complaint against Huberts, alleging that he had sexually abused Janine. In response to the complaint, Detective Chirrick stopped Shelley’s 1973 Volkswagen van in which both appellants were riding. When informed of the complaint, Huberts voluntarily accompanied Detective Chirrick to the sheriff’s office for questioning. In the course of the stop, sheriff’s deputies saw, in plain view inside the van, a wallet, a brown leather briefcase, and a paper cutter.

Huberts was questioned by Sergeant Willis at the sheriff’s office for half an hour and released. Upset at Huberts’ release, the Carters advised Sergeant Willis that the briefcase remaining with Shelley might contain counterfeit currency. Mrs. Carter then told the officer that…