United States v. Jerome Alvin Zemke, Charles Joseph Canesi

PELL, Circuit Judge.

Zemke and Canesi, defendants, have appealed from their jury trial conviction of violating 18 U.S.C. § 2312, 2 interstate transportation of motor vehicles, in this ease motorcycles. The defendants raise search and seizure questions and challenge one instruction given by the district court.

On June 17, 1970, while on routine patrol Indiana State Police Officer Stout observed the defendants and the motorcycles in question by bridge pillars on an interstate highway in northern Indiana. The officer stopped to determine if the defendants needed assistance.

They responded…