United States v. James Carl Scott

Scott was convicted of receiving stolen property of the United States in violation of 18 U.S.C. § 641 . On appeal Scott claims that the district judge erred in denying his motion to suppress evidence removed from his vehicle pursuant to police measures to protect his car and its contents following his arrest. We affirm.

I

Los Angeles Police Department (LAPD) Motorcycle Police Officer Elms stopped a 1961 Cadillac driven by Scott because the vehicle showed expired registration tags. Scott exited the automobile and handed Elms an identification card bearing his picture and the name Cornelious Green. Scott identified himself as Cornelious Green and told Elms that the automobile was registered to his brother, Robert Green. Scott searched for the registration in the automobile but could not find it. As he did so, Elms stood near him and saw an envelope apparently containing a treasury check lying on the front floorboards along with other mail.

Elms then inquired by radio and discovered that an individual named Cornelious Green was wanted for an outstanding misdemeanor arrest warrant. Elms advised Scott that he would be arrested and that the automobile could not be released to him. As…