United States v. Bert Samuel Stefanson

Bert Samuel Stefanson appeals from a judgment of conviction for illegal possession of firearms and an unregistered machine gun, alleging that the district court erred in denying his motion to suppress evidence obtained from his person, his vehicle and his residence. Appellant argues that evidence taken from his person and vehicle should have been suppressed because the initial arrest was illegal; evidence taken from his residence should have been suppressed because the federal magistrate failed to comply with Rule 41, Federal Rules of Criminal Procedure, when granting a telephonic search warrant.

The government urges us to affirm the judgment because substantial evidence supports the district court’s judgments, both that probable cause existed to authorize the issuance of a telephonic search warrant, and that the appellant’s arrest by California Park District Officers was valid under California law. We agree and consequently affirm both the district court’s rulings and uphold the judgment of conviction.

FACTS

On March 29, 1980, Officer McClain of the East Bay Regional Park District stopped and arrested appellant Stefanson for reckless or drunk driving on Highway 580 in Oakland,…