UNITED STATES v. BOTELHO

Crim. No. 13126.

360 F.Supp. 620 (1973)

UNITED STATES of America, Plaintiff, v. Ricky James BOTELHO, Defendant.

United States District Court, D. Hawaii.

June 29, 1973.


Attorney(s) appearing for the Case

William C. McCorriston, Asst. U. S. Atty., Harold M. Fong, U. S. Atty., Honolulu, Hawaii, for plaintiff.

James T. Leavitt, Jr., Hart, Sherwood, Leavitt, Blanchfield & Hall, Honolulu, Hawaii, for defendant.


DECISION AND ORDER

SAMUEL P. KING, District Judge.

Defendant is charged with possession of an unregistered firearm—a sawedoff shotgun—in violation of 26 U.S.C. § 5861(d) (Supp.1973). The shotgun was taken from defendant's bedroom on July 15, 1972, during a warrantless police search authorized by the nonresident owner of the premises.

On March 16, 1973, defendant moved to suppress the...

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