United States v. Joseph Smith and Marty Cannon

MOORE, Circuit Judge:

After a jury trial in the United States District Court for the Eastern District of New York before the Honorable Mark A. Costantino, Joseph Smith and Marty Cannon were convicted of conspiracy to commit bank robbery, armed bank robbery, and unarmed bank robbery. The issues raised by this appeal are whether the trial court properly denied the defendants’ pre-trial motion to suppress evidence seized during a warrantless automobile inventory and whether articles so seized were properly admitted into evidence at the trial.

At 10:00 A.M. on February 27,1979, three men entered a…