United States v. Wilkerson

PAIR, Associate Judge,

Retired :

Appellee was charged with carrying a pistol without a license1 and with the possession of ammunition not of the same caliber as the firearm described in the certificate of registration issued to him for such firearm.2

Claiming that the pistol and ammunition were fruits of a warrantless search of his automobile, appellee moved to suppress and it appearing that appellee was not under arrest at the time of the search and seizure, the court granted the motion. This appeal by the United States3 followed. We reverse.

At the hearing on the motion to suppress, there was…