United States v. McIntyre

RUBIN, District Judge:

Defendants David McIntyre and Ronald McNelis are charged with possession of firearms after having been convicted of a felony, in violation of 18 U.S.C.App. § 1202(a). McNelis moves to suppress the use of two revolvers as evidence against him, claiming the guns were seized in an unreasonable search, which violated his rights under the Fourth Amendment. The United States contends the warrantless search was incident to a valid arrest and therefore lawful.

At 1:40 in the morning, May 28, 1969, two New Orleans police officers responded to a complaint reporting that two men had…