(Download) "United States v. Kralik" by Tenth Circuit. United States Court of Appeals " eBook PDF Kindle ePub Free

eBook details

Title: United States v. Kralik
Author : Tenth Circuit. United States Court of Appeals
Release Date : January 19, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

This search and seizure case pertains to a search of a container within a container. The officers had a valid search warrant which said that a sawed off shotgun was concealed in a described automobile. Upon opening the trunk of the automobile the officers discovered an unlocked suitcase which contained a sawed off shotgun. Defendant-appellant Kralik claims that the suitcase was his and should not have been searched without a second warrant. The jury found Kralik guilty of violating 26 U.S.C. Â§ 5861(d) by possession of an unregistered shotgun having a barrel less than 18 inches in length. Kralik says that his motion to suppress should have been sustained. We affirm. Detective Goseland of the Wichita, Kansas, police department had the residence of Larry Peckham under surveillance during the afternoon of May 4, 1978. Peckham drove up in a white Buick automobile and parked it in the driveway. Peckham made several trips from the house to the car. The detective saw him come out of the house with a blanket wrapped around a long object. A portion of the blanket fell open and the detective saw what appeared to him as the butt of a rifle. The blanket and its contents were placed on the back seat of the Buick. Peckham also placed a blue-colored box in the Buick. Later, Kralik and a female companion arrived in a Volkswagen automobile. Kralik carried a brownish colored suitcase which he placed in the Buick. He opened the suitcase, moved his hands inside the Buick, opened the trunk, and placed the suitcase in it. Peckham and Kralik drove off in the Buick with Peckham driving.