United States v. Joe Don Looney

DYER, Circuit Judge:

Looney was indicted for possession of an unregistered sub-machine gun within the definition of 26 U.S.C.A. § 5845(a) in violation of 26 U.S.C.A. §§ 5861(d) and 5871. From an order of the district court granting Looney’s motion to suppress the gun as evidence because it was seized as a result of an illegal search the Government appeals. We reverse.

About 2:15 in the morning of April 5, 1972, five agents of the Bureau of Narcotics and Dangerous Drugs, for the purpose of executing an arrest warrant for Ronald Frick, went to the home of Don Looney, father of appellant Joe Don…