United States v. George Raymond Wright
Opinion
Opinion
Boochever, J.
George Raymond Wright was convicted of tax evasion in violation of 26 U.S.C. § 7201 . On appeal he contends that the trial court erred: (1) in denying his motion to dismiss the indictment because of an allegedly erroneous instruction to the grand jury; (2) in denying his motion to suppress evidence obtained pursuant to a warrant authorizing search for a false driver’s license because a state drug enforcement officer participated in the search; (3) in denying a motion to suppress a black ledger because it was not “plain view” evidence of a crime; and (4) in admitting evidence of narcotics activity because its prejudicial effect outweighed its probative value. We conclude that it was error not to grant the motion to suppress the black ledger, but that Wright’s other contentions lack merit.
FACTS
Special Agent Kelly of the Federal Bureau of Alcohol, Tobacco and Firearms (ATF) executed a federal search warrant that authorized the seizure of a California driver’s license issued to a “Deborah Luckie” who was believed to be sharing the searched residence with Wright. The license was sought as evidence of alleged federal firearm violations by Ms. Luckie.