United States v. Charles Eddie Evans

WALLACE, Circuit Judge:

Evans was charged with violations of 26 U.S.C. § 5861, subsections (c) (possession of a firearm without payment of making tax), (d) (possession of an unregistered firearm), (h) (possession of a firearm with the serial number removed), and (i) (possession of a firearm not identified by a serial number). The firearm involved in each count was a sawed-off shotgun. The district court granted Evans’ motion to suppress the firearm. We reverse.

The government first contends that there was a proper consent for the search and, second, that there was probable cause for the search…