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UNITED STATES v. McKINNEY

No. 71-1981.

477 F.2d 1184 (1973)

UNITED STATES of America v. Emmett C. McKINNEY, a/k/a Charles McKinney, Appellant.

United States Court of Appeals, District of Columbia Circuit.

January 15, 1973.

Attorney(s) appearing for the Case

Mr. Wallace L. Duncan, Washington, D.C. (appointed by this Court), was on the brief for appellant.

Mr. Harold H. Titus, Jr., U.S. Atty., Messrs. John A. Terry and James A. Fitzgerald, Asst. U.S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and HARRISON WINTER, United States Circuit Judge for the Fourth Circuit.

PER CURIAM:

On this appeal from unlawful possession of a firearm, the central issue is the reasonableness of the seizure of the sawed-off shotgun in appellant's hotel room. The pertinent facts that emerged at the hearing, on the appellant's motion to suppress, developed that on July 30, 1970, at approximately 9 a. m., the manager of the Franklin Park Hotel noticed that the phone in room 642 (appellant's room) was off the hook, and dispatched a bellman there to replace...

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