View Full Version : Holy shit did you know donnie was a bank robber
Autistic Spectrum
01-28-2019, 03:05 PM
the kind of shit you will do for a fix wow donnie
Donald Stone, Jr., appeals from a final judgment entered in the district court on September 15, 1967, following a trial by jury. He was convicted of the robbery of $6,421 on February 21, 1967, from Merchants Bank and Trust Company, a national bank, in Indianapolis, Indiana, in violation of Title 18 U.S.C. 2113(a), for which he was sentenced to imprisonment for ten years.
2
There was evidence tending to prove that a robber at that time secured $6,421 from the bank, that he carried a hand gun, wore a ski mask with the mouth sewn shut and the eyes sown nearly shut, full-length coveralls and white work gloves. No eye witness who testified at the trial could categorically identify defendant as the robber.
3
A 1965 Chevrolet Impala, used by the robber in driving to and from the bank, was stolen from the Twin-Aire Shopping center, three blocks from the bank and just behind a Marathon Service Station, some time after 8:10 a.m. the day of the robbery. This car was later found in an abandoned condition in an alley two blocks from the bank. Inside it, an FBI agent discovered that the car's ignition switch had been unplugged from its receptacle and that someone had attached, by wires, an alternate 1965 Chevrolet ignition switch, which can be installed in about 30 seconds. By inserting the correct key in such a switch, a car can be started.
4
Defendant bought such a switch with keys from a local Chevrolet dealer, four days prior to the robbery. He then used a false name and address.
5
About one-half hour before the robbery, defendant was seen leaving a parked orange-colored pickup truck, which had a silver splotch and two metal cabinets. He walked toward the Marathon Service Station located several blocks from the bank and just in front of the shopping center from where the get-away car was stolen that morning. He was carrying a shopping bag. He used marathon's rest room for about five minutes and was last seen walking toward the parking lot of the shopping center, directly behind the station.
6
Defendant admitted to FBI agent Swenson that he used and had sole possession of a truck matching the description of the one seen across the street from the service station.
7
Inside the get-away Impala car, agents found a ski mask matching the description given by the bank employees. The eyes and mouth were sewn nearly shut with strands of blue and black thread. This was a three-ply, cotton thread of the same diameter, color, type and ply as blue and black thread found in the apartment where defendant resided.
8
Strands of hair found in the ski mask were found to have 15 different identifiable characteristics. These strands exactly matched 15 different identifiable characteristics of defendant's hair. There were no distinguishing characteristics.1
9
A pair of white work gloves found in the basement of the house of defendant's parents (which house he visited often and on the day prior to the robbery and the day of the robbery) contained debris fibers that had the identical microscopic appearance as the ski mask in evidence, i.e., the size, color of fiber, diameter of fiber, and type were the same.
10
On the afternoon of the robbery defendant went to his stepmother's house and telephoned his aunt. She came by the house, picked up defendant, who was then carrying a shopping bag, and at his direction drove him by a house which he stated he was planning to buy.
11
When interviewed by FBI agents three days after the robbery, he volunteered that he was paying traffic tickets at the downtown Indianapolis police station from 9:05 a.m. to some time after 10:00 a.m. Witnesses at the station, however, testified that he arrived there some time around 10:00 a.m. The evidence indicates that he could have traveled from the place where his orange pickup truck was parked across from the service station to the police station in 7 1/2 minutes.
12
1. Defendant's counsel now urge that on February 22, 1967, while he was confined in the Marion County, Indiana jail, and being held for a probable cause hearing, FBI agents went to the residence of his father and stepmother and requested their permission to search the premises, which was given in writing by the stepmother, whereupon the agents searched the house for three to five hours. Defense counsel in their brief admit that defendant did have free access to the house and that defendant had personal belongings stored in a specific area in the basement. During this search, certain items, including a sales receipt for an ignition system similar to one found in the alleged escape vehicle, were found and later introduced into evidence at the trial. Defendant maintains that the consent was invalid and that therefore t4e search and seizure was unreasonable the search and seizure was unreasonable
13
This situation presents an issue as to whether, under all the circumstances, the search, consented to by a person having immediate control and authority over the premises, was reasonable. In United States v. Airdo, 7 Cir., 380 F.2d 103, at 106-107 (1967), cert. denied 389 U.S. 913, 88 S. Ct. 238, 19 L. Ed. 2d 260, we said:
14
'* * * The considerations most applicable to the third person's consent in such cases are not related to principles of agency connecting the defendant with the person acquiescing in the search, but rather concern the reasonableness, under all the circumstances, of a search consented to by a person having immediate control and authority over the premises or property searched. Cf. Roberts v. United States, 8 Cir., supra 332 F.2d (892) at 896-897. Miss Hilan lived in the apartment and therefore had authority to consent to a search of it. Her consent was voluntary and the search was narrowly confined. Under these circumstances, the inspection of the television set was not an unreasonable search prohibited by the fourth amendment.'
15
Accordingly, we hold that the district court did not commit error in overruling defendant's motion to suppress the evidence obtained by the search after the stepmother in writing granted the agents permission to search the residence of his father and stepmother.
16
2. Defendant's motion for a judgment of acquittal raises the question as to whether there was sufficient evidence presented by the government to justify the court in submitting the case for decision by the jury. His counsel concedes that it is our duty in reviewing the evidence to draw all reasonable inferences favorable to the government. We have applied this test, which able counsel on both sides in this case recognize as controlling, and are convinced that the result reached by the district court, based upon the verdict of a jury in a trial remarkably free of error, is supported by such evidence.
17
For these reasons, the judgment from which this appeal was taken is affirmed.
18
Judgment affirmed.
the kind of shit you will do for a fix wow donnie
Donald Stone, Jr., appeals from a final judgment entered in the district court on September 15, 1967, following a trial by jury. He was convicted of the robbery of $6,421 on February 21, 1967, from Merchants Bank and Trust Company, a national bank, in Indianapolis, Indiana, in violation of Title 18 U.S.C. 2113(a), for which he was sentenced to imprisonment for ten years.
2
There was evidence tending to prove that a robber at that time secured $6,421 from the bank, that he carried a hand gun, wore a ski mask with the mouth sewn shut and the eyes sown nearly shut, full-length coveralls and white work gloves. No eye witness who testified at the trial could categorically identify defendant as the robber.
3
A 1965 Chevrolet Impala, used by the robber in driving to and from the bank, was stolen from the Twin-Aire Shopping center, three blocks from the bank and just behind a Marathon Service Station, some time after 8:10 a.m. the day of the robbery. This car was later found in an abandoned condition in an alley two blocks from the bank. Inside it, an FBI agent discovered that the car's ignition switch had been unplugged from its receptacle and that someone had attached, by wires, an alternate 1965 Chevrolet ignition switch, which can be installed in about 30 seconds. By inserting the correct key in such a switch, a car can be started.
4
Defendant bought such a switch with keys from a local Chevrolet dealer, four days prior to the robbery. He then used a false name and address.
5
About one-half hour before the robbery, defendant was seen leaving a parked orange-colored pickup truck, which had a silver splotch and two metal cabinets. He walked toward the Marathon Service Station located several blocks from the bank and just in front of the shopping center from where the get-away car was stolen that morning. He was carrying a shopping bag. He used marathon's rest room for about five minutes and was last seen walking toward the parking lot of the shopping center, directly behind the station.
6
Defendant admitted to FBI agent Swenson that he used and had sole possession of a truck matching the description of the one seen across the street from the service station.
7
Inside the get-away Impala car, agents found a ski mask matching the description given by the bank employees. The eyes and mouth were sewn nearly shut with strands of blue and black thread. This was a three-ply, cotton thread of the same diameter, color, type and ply as blue and black thread found in the apartment where defendant resided.
8
Strands of hair found in the ski mask were found to have 15 different identifiable characteristics. These strands exactly matched 15 different identifiable characteristics of defendant's hair. There were no distinguishing characteristics.1
9
A pair of white work gloves found in the basement of the house of defendant's parents (which house he visited often and on the day prior to the robbery and the day of the robbery) contained debris fibers that had the identical microscopic appearance as the ski mask in evidence, i.e., the size, color of fiber, diameter of fiber, and type were the same.
10
On the afternoon of the robbery defendant went to his stepmother's house and telephoned his aunt. She came by the house, picked up defendant, who was then carrying a shopping bag, and at his direction drove him by a house which he stated he was planning to buy.
11
When interviewed by FBI agents three days after the robbery, he volunteered that he was paying traffic tickets at the downtown Indianapolis police station from 9:05 a.m. to some time after 10:00 a.m. Witnesses at the station, however, testified that he arrived there some time around 10:00 a.m. The evidence indicates that he could have traveled from the place where his orange pickup truck was parked across from the service station to the police station in 7 1/2 minutes.
12
1. Defendant's counsel now urge that on February 22, 1967, while he was confined in the Marion County, Indiana jail, and being held for a probable cause hearing, FBI agents went to the residence of his father and stepmother and requested their permission to search the premises, which was given in writing by the stepmother, whereupon the agents searched the house for three to five hours. Defense counsel in their brief admit that defendant did have free access to the house and that defendant had personal belongings stored in a specific area in the basement. During this search, certain items, including a sales receipt for an ignition system similar to one found in the alleged escape vehicle, were found and later introduced into evidence at the trial. Defendant maintains that the consent was invalid and that therefore t4e search and seizure was unreasonable the search and seizure was unreasonable
13
This situation presents an issue as to whether, under all the circumstances, the search, consented to by a person having immediate control and authority over the premises, was reasonable. In United States v. Airdo, 7 Cir., 380 F.2d 103, at 106-107 (1967), cert. denied 389 U.S. 913, 88 S. Ct. 238, 19 L. Ed. 2d 260, we said:
14
'* * * The considerations most applicable to the third person's consent in such cases are not related to principles of agency connecting the defendant with the person acquiescing in the search, but rather concern the reasonableness, under all the circumstances, of a search consented to by a person having immediate control and authority over the premises or property searched. Cf. Roberts v. United States, 8 Cir., supra 332 F.2d (892) at 896-897. Miss Hilan lived in the apartment and therefore had authority to consent to a search of it. Her consent was voluntary and the search was narrowly confined. Under these circumstances, the inspection of the television set was not an unreasonable search prohibited by the fourth amendment.'
15
Accordingly, we hold that the district court did not commit error in overruling defendant's motion to suppress the evidence obtained by the search after the stepmother in writing granted the agents permission to search the residence of his father and stepmother.
16
2. Defendant's motion for a judgment of acquittal raises the question as to whether there was sufficient evidence presented by the government to justify the court in submitting the case for decision by the jury. His counsel concedes that it is our duty in reviewing the evidence to draw all reasonable inferences favorable to the government. We have applied this test, which able counsel on both sides in this case recognize as controlling, and are convinced that the result reached by the district court, based upon the verdict of a jury in a trial remarkably free of error, is supported by such evidence.
17
For these reasons, the judgment from which this appeal was taken is affirmed.
18
Judgment affirmed.
look you fucking nut case you talking nice to me and then you post this shit none of this is true and stop making up shit your a fucking retard you dont have all your brains where you born that way or do you take after your mother or dad i here they are retarded like you
Autistic Spectrum
01-28-2019, 03:18 PM
https://www.courtlistener.com/opinion/281690/united-states-v-donald-stone-jr/
don't be mad at me I didn't force Donald to rob that bank
the kind of shit you will do for a fix wow donnie
Donald Stone, Jr., appeals from a final judgment entered in the district court on September 15, 1967, following a trial by jury. He was convicted of the robbery of $6,421 on February 21, 1967, from Merchants Bank and Trust Company, a national bank, in Indianapolis, Indiana, in violation of Title 18 U.S.C. 2113(a), for which he was sentenced to imprisonment for ten years.
2
There was evidence tending to prove that a robber at that time secured $6,421 from the bank, that he carried a hand gun, wore a ski mask with the mouth sewn shut and the eyes sown nearly shut, full-length coveralls and white work gloves. No eye witness who testified at the trial could categorically identify defendant as the robber.
3
A 1965 Chevrolet Impala, used by the robber in driving to and from the bank, was stolen from the Twin-Aire Shopping center, three blocks from the bank and just behind a Marathon Service Station, some time after 8:10 a.m. the day of the robbery. This car was later found in an abandoned condition in an alley two blocks from the bank. Inside it, an FBI agent discovered that the car's ignition switch had been unplugged from its receptacle and that someone had attached, by wires, an alternate 1965 Chevrolet ignition switch, which can be installed in about 30 seconds. By inserting the correct key in such a switch, a car can be started.
4
Defendant bought such a switch with keys from a local Chevrolet dealer, four days prior to the robbery. He then used a false name and address.
5
About one-half hour before the robbery, defendant was seen leaving a parked orange-colored pickup truck, which had a silver splotch and two metal cabinets. He walked toward the Marathon Service Station located several blocks from the bank and just in front of the shopping center from where the get-away car was stolen that morning. He was carrying a shopping bag. He used marathon's rest room for about five minutes and was last seen walking toward the parking lot of the shopping center, directly behind the station.
6
Defendant admitted to FBI agent Swenson that he used and had sole possession of a truck matching the description of the one seen across the street from the service station.
7
Inside the get-away Impala car, agents found a ski mask matching the description given by the bank employees. The eyes and mouth were sewn nearly shut with strands of blue and black thread. This was a three-ply, cotton thread of the same diameter, color, type and ply as blue and black thread found in the apartment where defendant resided.
8
Strands of hair found in the ski mask were found to have 15 different identifiable characteristics. These strands exactly matched 15 different identifiable characteristics of defendant's hair. There were no distinguishing characteristics.1
9
A pair of white work gloves found in the basement of the house of defendant's parents (which house he visited often and on the day prior to the robbery and the day of the robbery) contained debris fibers that had the identical microscopic appearance as the ski mask in evidence, i.e., the size, color of fiber, diameter of fiber, and type were the same.
10
On the afternoon of the robbery defendant went to his stepmother's house and telephoned his aunt. She came by the house, picked up defendant, who was then carrying a shopping bag, and at his direction drove him by a house which he stated he was planning to buy.
11
When interviewed by FBI agents three days after the robbery, he volunteered that he was paying traffic tickets at the downtown Indianapolis police station from 9:05 a.m. to some time after 10:00 a.m. Witnesses at the station, however, testified that he arrived there some time around 10:00 a.m. The evidence indicates that he could have traveled from the place where his orange pickup truck was parked across from the service station to the police station in 7 1/2 minutes.
12
1. Defendant's counsel now urge that on February 22, 1967, while he was confined in the Marion County, Indiana jail, and being held for a probable cause hearing, FBI agents went to the residence of his father and stepmother and requested their permission to search the premises, which was given in writing by the stepmother, whereupon the agents searched the house for three to five hours. Defense counsel in their brief admit that defendant did have free access to the house and that defendant had personal belongings stored in a specific area in the basement. During this search, certain items, including a sales receipt for an ignition system similar to one found in the alleged escape vehicle, were found and later introduced into evidence at the trial. Defendant maintains that the consent was invalid and that therefore t4e search and seizure was unreasonable the search and seizure was unreasonable
13
This situation presents an issue as to whether, under all the circumstances, the search, consented to by a person having immediate control and authority over the premises, was reasonable. In United States v. Airdo, 7 Cir., 380 F.2d 103, at 106-107 (1967), cert. denied 389 U.S. 913, 88 S. Ct. 238, 19 L. Ed. 2d 260, we said:
14
'* * * The considerations most applicable to the third person's consent in such cases are not related to principles of agency connecting the defendant with the person acquiescing in the search, but rather concern the reasonableness, under all the circumstances, of a search consented to by a person having immediate control and authority over the premises or property searched. Cf. Roberts v. United States, 8 Cir., supra 332 F.2d (892) at 896-897. Miss Hilan lived in the apartment and therefore had authority to consent to a search of it. Her consent was voluntary and the search was narrowly confined. Under these circumstances, the inspection of the television set was not an unreasonable search prohibited by the fourth amendment.'
15
Accordingly, we hold that the district court did not commit error in overruling defendant's motion to suppress the evidence obtained by the search after the stepmother in writing granted the agents permission to search the residence of his father and stepmother.
16
2. Defendant's motion for a judgment of acquittal raises the question as to whether there was sufficient evidence presented by the government to justify the court in submitting the case for decision by the jury. His counsel concedes that it is our duty in reviewing the evidence to draw all reasonable inferences favorable to the government. We have applied this test, which able counsel on both sides in this case recognize as controlling, and are convinced that the result reached by the district court, based upon the verdict of a jury in a trial remarkably free of error, is supported by such evidence.
17
For these reasons, the judgment from which this appeal was taken is affirmed.
18
Judgment affirmed.
your wrong it was your dad i saw the police report he was mad at you cause you wanted to suck his cork so he went and robbed the band to go to jail to get away from you i know cause i live near the bank and i saw your dads picture in my post office
Autistic Spectrum
01-28-2019, 03:21 PM
suck his cork
suck his cork
you sucked your dads thats why he robbed the bank to get away from his retarted son
you sucked your dads thats why he robbed the bank to get away from his retarted son
your post show you only have a half of brain cause one minute your talking nice to me and the next your bringing up donald makind lies about him whe it was your dad all the time
suck his cork
sugk your own from what i saw its rearly ugly and thats why your dad didnt want to suck it i dont blame him its ugly
suck his cork
well now i know the truth you post shit thats not true and now i have to believe lisa she told me all the shit you post about her is not true so now i know every thing they post about lisa is not true
Autistic Spectrum
01-28-2019, 03:31 PM
I bet Donald sucked alot of dick when he was on prison for 10 years after he robbed that bank
I bet Donald sucked alot of dick when he was on prison for 10 years after he robbed that bank
he never went to prison fuck head i should know it was your dad admit it his picture is in my post office
Battery Bits
01-28-2019, 03:35 PM
Stupid
I bet Donald sucked alot of dick when he was on prison for 10 years after he robbed that bank
whats the matter did you swollow your cork trying to suck it cause your dad wouldnt
Im scared how Donny sucked dick very hard
Im scared how Donny sucked dick very hard
well well anouther retart heard from boy lisa knew how to call them
Battery Bits
01-28-2019, 03:37 PM
Im scared how Donny sucked dick very hard
Fuck off retard
That’s not nice, I’ve never called Donny a retard
Fuck off retard
did you see spectrum swollow his cork trying to suck it cause his dad wouldnt do iy
That’s not nice, I’ve never called Donny a retard
well stop saying bad things about him and that makes you a retart
Battery Bits
01-28-2019, 03:43 PM
did you see spectrum swollow his cork trying to suck it cause his dad wouldnt do iy
He’s not worth a cent
Autistic Spectrum
01-28-2019, 03:46 PM
I make more in a week than you do in a year and don't even have to rob banks like Donald
He’s not worth a cent
none of them are now there saying donald robbed a bank and went to prison there not happy unless there putting people down so to me as long as the make up storries about donald i will call them RETARDS
Autistic Spectrum
01-28-2019, 03:47 PM
well stop saying bad things about him and that makes you a retart
retart cork suckee
retart cork suckee
i know you are a cord sucker
i know you are a cord sucker
a big cork sucker
Autistic Spectrum
01-28-2019, 03:51 PM
I know you can't sting together a corheant thought to save your life
Battery Bits
01-28-2019, 03:54 PM
I know you can't sting together a corheant thought to save your life
People in glass houses
Battery Bits
01-28-2019, 03:55 PM
none of them are now there saying donald robbed a bank and went to prison there not happy unless there putting people down so to me as long as the make up storries about donald i will call them RETARDS
I agree
Autistic Spectrum
01-28-2019, 03:57 PM
lisa fully agrees with the jibberish coming out of a seninle old woman's mouth
I know you can't sting together a corheant thought to save your life
thats why cause im talking to a retard and thats how you talk to them
Battery Bits
01-28-2019, 04:09 PM
thats why cause im talking to a retard and thats how you talk to them
lol
lisa fully agrees with the jibberish coming out of a seninle old woman's mouth
no shes not agreeing with you it me
Autistic Spectrum
01-28-2019, 04:23 PM
bev caught Lisa's no u cold
bev caught Lisa's no u cold
what make sence stupid
Autistic Spectrum
01-28-2019, 04:25 PM
dollars and sence
dollars and sence
no your stupid and a retard
Autistic Spectrum
01-28-2019, 04:27 PM
take your pill
Battery Bits
01-28-2019, 04:28 PM
To be fair dp is quite stupid
Cams Purple Lambo
01-28-2019, 04:31 PM
Can't believe donald is a criminal like ewok is. I am scared for my safety that his grandma bev posts her because she raised a demon drug addict violent criminal!
take your pill
suck your cork
Cams Purple Lambo
01-28-2019, 04:31 PM
thats why cause im talking to a retard and thats how you talk to them
is that how you talked to donald?
Battery Bits
01-28-2019, 04:32 PM
Donny wasn’t even born yet when this happened.
It’s for retards
Autistic Spectrum
01-28-2019, 04:33 PM
and Peter Quinn totally molested that kid in 1932
Donny wasn’t even born yet when this happened.
It’s for retards
how would he know retardsdont understand any thing
Battery Bits
01-28-2019, 04:34 PM
and Peter Quinn totally molested that kid in 1932
It wasn’t 1932 and it was actually him you dumb cunt, he is in his 60’s
Battery Bits
01-28-2019, 04:35 PM
how would he know retardsdont understand any thing
True
It wasn’t 1932 and it was actually him you dumb cunt, he is in his 60’s
its so hard to talk to a retard
Autistic Spectrum
01-28-2019, 04:37 PM
Donald was a bank robber
Donald was a bank robber
ya and your a cock sucker
Battery Bits
01-28-2019, 04:39 PM
its so hard to talk to a retard
Yeah.
Well I’ve been to mum’s and shaved, I need to go get some food and b vitamins and just rest and take it easy
Autistic Spectrum
01-28-2019, 04:39 PM
ya what a hard day of doing nothing
Yeah.
Well I’ve been to mum’s and shaved, I need to go get some food and b vitamins and just rest and take it easy
ya like last night
Cams Purple Lambo
01-28-2019, 04:43 PM
Looks recent to me. Wow Bev you did not raise him right!
the kind of shit you will do for a fix wow donnie
Donald Stone, Jr., appeals from a final judgment entered in the district court on September 15, 2007, following a trial by jury. He was convicted of the robbery of $6,421 on February 21, 2006, from Merchants Bank and Trust Company, a national bank, in Indianapolis, Indiana, in violation of Title 18 U.S.C. 2113(a), for which he was sentenced to imprisonment for ten years.
2
There was evidence tending to prove that a robber at that time secured $6,421 from the bank, that he carried a hand gun, wore a ski mask with the mouth sewn shut and the eyes sown nearly shut, full-length coveralls and white work gloves. No eye witness who testified at the trial could categorically identify defendant as the robber.
3
A 2001 Chevrolet Impala, used by the robber in driving to and from the bank, was stolen from the Twin-Aire Shopping center, three blocks from the bank and just behind a Marathon Service Station, some time after 8:10 a.m. the day of the robbery. This car was later found in an abandoned condition in an alley two blocks from the bank. Inside it, an FBI agent discovered that the car's ignition switch had been unplugged from its receptacle and that someone had attached, by wires, an alternate 2001 Chevrolet ignition switch, which can be installed in about 30 seconds. By inserting the correct key in such a switch, a car can be started.
4
Defendant bought such a switch with keys from a local Chevrolet dealer, four days prior to the robbery. He then used a false name and address.
5
About one-half hour before the robbery, defendant was seen leaving a parked orange-colored pickup truck, which had a silver splotch and two metal cabinets. He walked toward the Marathon Service Station located several blocks from the bank and just in front of the shopping center from where the get-away car was stolen that morning. He was carrying a shopping bag. He used marathon's rest room for about five minutes and was last seen walking toward the parking lot of the shopping center, directly behind the station.
6
Defendant admitted to FBI agent Swenson that he used and had sole possession of a truck matching the description of the one seen across the street from the service station.
7
Inside the get-away Impala car, agents found a ski mask matching the description given by the bank employees. The eyes and mouth were sewn nearly shut with strands of blue and black thread. This was a three-ply, cotton thread of the same diameter, color, type and ply as blue and black thread found in the apartment where defendant resided.
8
Strands of hair found in the ski mask were found to have 15 different identifiable characteristics. These strands exactly matched 15 different identifiable characteristics of defendant's hair. There were no distinguishing characteristics.1
9
A pair of white work gloves found in the basement of the house of defendant's parents (which house he visited often and on the day prior to the robbery and the day of the robbery) contained debris fibers that had the identical microscopic appearance as the ski mask in evidence, i.e., the size, color of fiber, diameter of fiber, and type were the same.
10
On the afternoon of the robbery defendant went to his stepmother's house and telephoned his aunt. She came by the house, picked up defendant, who was then carrying a shopping bag, and at his direction drove him by a house which he stated he was planning to buy.
11
When interviewed by FBI agents three days after the robbery, he volunteered that he was paying traffic tickets at the downtown Indianapolis police station from 9:05 a.m. to some time after 10:00 a.m. Witnesses at the station, however, testified that he arrived there some time around 10:00 a.m. The evidence indicates that he could have traveled from the place where his orange pickup truck was parked across from the service station to the police station in 7 1/2 minutes.
12
1. Defendant's counsel now urge that on February 22, 2006, while he was confined in the Marion County, Indiana jail, and being held for a probable cause hearing, FBI agents went to the residence of his father and stepmother and requested their permission to search the premises, which was given in writing by the stepmother, whereupon the agents searched the house for three to five hours. Defense counsel in their brief admit that defendant did have free access to the house and that defendant had personal belongings stored in a specific area in the basement. During this search, certain items, including a sales receipt for an ignition system similar to one found in the alleged escape vehicle, were found and later introduced into evidence at the trial. Defendant maintains that the consent was invalid and that therefore t4e search and seizure was unreasonable the search and seizure was unreasonable
13
This situation presents an issue as to whether, under all the circumstances, the search, consented to by a person having immediate control and authority over the premises, was reasonable. In United States v. Airdo, 7 Cir., 380 F.2d 103, at 106-107 (1967), cert. denied 389 U.S. 913, 88 S. Ct. 238, 19 L. Ed. 2d 260, we said:
14
'* * * The considerations most applicable to the third person's consent in such cases are not related to principles of agency connecting the defendant with the person acquiescing in the search, but rather concern the reasonableness, under all the circumstances, of a search consented to by a person having immediate control and authority over the premises or property searched. Cf. Roberts v. United States, 8 Cir., supra 332 F.2d (892) at 896-897. Miss Hilan lived in the apartment and therefore had authority to consent to a search of it. Her consent was voluntary and the search was narrowly confined. Under these circumstances, the inspection of the television set was not an unreasonable search prohibited by the fourth amendment.'
15
Accordingly, we hold that the district court did not commit error in overruling defendant's motion to suppress the evidence obtained by the search after the stepmother in writing granted the agents permission to search the residence of his father and stepmother.
16
2. Defendant's motion for a judgment of acquittal raises the question as to whether there was sufficient evidence presented by the government to justify the court in submitting the case for decision by the jury. His counsel concedes that it is our duty in reviewing the evidence to draw all reasonable inferences favorable to the government. We have applied this test, which able counsel on both sides in this case recognize as controlling, and are convinced that the result reached by the district court, based upon the verdict of a jury in a trial remarkably free of error, is supported by such evidence.
17
For these reasons, the judgment from which this appeal was taken is affirmed.
18
Judgment affirmed.
Cams Purple Lambo
01-28-2019, 04:45 PM
Yeah.
Well I’ve been to mum’s and shaved, I need to go get some food and b vitamins and just rest and take it easy
gordon ditched you and your mom for trudy because DISSOCIATIVE STATE
m0nde
01-28-2019, 06:24 PM
Bev you are an illiterate twat, pls leave. your posts read like you have a yeast infection of the brain
Battery Bits
01-28-2019, 06:26 PM
Fuck off brown cody
Wendy <3
01-28-2019, 06:30 PM
Please refrain from the racism
m0nde
01-28-2019, 07:27 PM
can someone pls do their job and sticky this shit?
can someone pls do their job and sticky this shit?
Available in tdl.icu
Battery Bits
01-28-2019, 07:30 PM
can someone pls do their job and sticky this shit?
Fuck off brown cody
m0nde
01-28-2019, 07:31 PM
Available in tdl.icu
thank you
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