United States v. Chester A. Parizo

WATERMAN, Circuit Judge:

Involved in this second appeal to us is the single issue of whether, upon the facts found by the trial judge, a firearm seized during a warrantless search of a motel room was properly admissible in evidence against appellant.

After a non-jury trial, on March 30, 1973, the trial judge found the appellant guilty of possession of an unregistered sawed-off shotgun in violation of 26 U.S.C. §§ 5841(b), 5861(d). The appeal to this court concerned the propriety of the trial judge’s denial of a motion to suppress the use of the weapon as evidence. We stated in United States v.…