United States v. Donnelly

MEMORANDUM AND DECISION

GERTNER, District Judge.

I. INTRODUCTION

On April 25, 1994, at approximately 2:30 p.m., the defendant, Brian E. Donnelly, was arrested for possession of stolen property, namely certain radios which, the evidence suggests, Donnelly had in fact been authorized to possess. Shortly after the arrest, and before the error could be discovered, the Whitman police conducted an inventory search of Donnelly’s van, discovering a gun and ammunition in the glove compartment. Donnelly was then charged with being a fel on in possession of a firearm and ammunition in violation of 18…