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UNITED STATES v. KENNEDY

Nos. 71-1226 to 71-1228.

457 F.2d 63 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. William Davis KENNEDY, also known as Carl Wayne Thomas, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Billy Joe MARTIN, also known as William Todd, also known as Billy Joe Todd, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. John KLINER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 30, 1972.

Attorney(s) appearing for the Case

Daniel M. Burke, Casper, Wyo., for defendants-appellants.

Jack Speight, Asst. U. S. Atty. (Richard V. Thomas, U. S. Atty., and Tosh Suyematsu, Asst. U. S. Atty., with him on brief), for plaintiff-appellee.

Before MURRAH, SETH and HOLLOWAY, Circuit Judges.

MURRAH, Circuit Judge.

This case poses the question whether the poison of an illegal arrest and detention contaminates evidence discovered during the detention under color of a legally issued search warrant. The evidence in question, a sawed-off shotgun, was admitted at the trial of appellants, William Davis Kennedy, Billy Joe Martin, and John Kliner, resulting in convictions for violations of federal firearms regulations. The main argument on appeal is that the trial...

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