United States v. Edward Larry Turner

Opinion by Judge BRUNETTI.

Defendant Edward Larry Turner (“Turner”) appeals his jury convictions for (1) postal robbery in violation of 18 U.S.C. § 2114; (2) five counts of altering money orders in violation of § 500; (3) three counts of passing altered money orders in violation of § 500; (4) possession of stolen property in violation of § 641; (5) two counts of money laundering in violation of § 1956; and (6) attempted money laundering in violation of § 1956.

Turner’s first contention on appeal is that the district court improperly admitted into evidence a cap which Postal Inspector Stanley Pilkey (“Pilkey”) removed without a warrant from Turner’s property bag at the Pierce County Jail. “A mixed question of law and fact in a warrantless search and seizure case is reviewed de novo.” United States v. Johnson, 820 F.2d 1065, 1072 (9th Cir.1987).

Turner admits that the initial inventory search upon his arrest on state charges constituted a proper exception to the warrant requirement; however, he contends that Pilkey’s subsequent seizure without a warrant of Turner’s cap violated his Fourth Amendment rights. This argument fails, since the initial search and seizure of Turner’s…