United States v. Robert Lee Booker

WEICK, Circuit Judge.

The United States has appealed under 18 U.S.C. § 3731, from an order of the District Court suppressing a sawed-off 12-gauge shotgun and a .22 caliber sawed-off automatic rifle, which the defendants had been charged by information with possessing, in violation of 26 U.S.C. §§ 5861(d), 5845(a) and 5871.

At 4:20 a. m. on July 1, 1971, a Ford station wagon, in which three men, the defendants in this case, were riding, was being operated northerly on U. S. Highway 31, in the State of Michigan, at a speed of from 80 to 85 miles an hour, in a 55-mile zone. Deputy Sheriff Slotman…