United States v. Charles M. Powell

Appellant Charles Powell appeals from his conviction for violation of 18 U.S.C. § 659 , theft from foreign shipments. Appellant and a codefendant named Lawhorn, not a party to this appeal, were convicted of having stolen hundreds of pounds of coffee beans, black pepper and corned beef from pier 27 in San Francisco, California. The ground for appellant’s appeal is the district court’s denial of appellant’s motion to suppress evidence — the stolen contraband— seized by the arresting officers. We affirm.

Appellant was employed as a gate watchman. By 4:15 a. m. on September 24, 1977, all workmen with the exception of Powell and his codefendant had completed their shift and had left the pier area. Two customs officers, engaged in surveillance of appellant, observed Lawhorn enter appellant’s truck. Shortly thereafter appellant drove his truck through the gate, which was manned by Lawhorn, to the cargo shed in the pier area. Appellant drove within 20-25 yards of the officers, who used binoculars to see into the truck, and observed no cargo. After something more than five minutes had elapsed, appellant and Law-horn reappeared, driving the truck out of the pier area. One of the customs…