United States v. Gann

732 F.2d 714 (9th Cir. 1984)

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Nature of the Case

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Facts

A was robbed of approximately $800 in currency and $18,000 in travelers' checks by Patrick Dussault. Dussault was observed fleeing in a yellow Mustang driven by D. Warrants were issued for the search of D's home and of a 1972 green Vega automobile registered in his name. A brown athletic bag was recovered from the vehicle. Inside the athletic bag was a black and red nylon bag which contained a sawed-off shotgun and a box of.20 gauge ammunition. A.22 caliber rifle and ammunition of several different caliber was found in the residence. The rifle was found in the bedroom closet. The ammunition was found in a dresser drawer. After the agents found the bag containing the shotgun and shotgun ammunition, Detective Fantz decided to arrest him. Gann was in the house talking on the telephone in the presence of several law enforcement officers who were searching the house. One of the agents told Detective Fantz: 'I think he is talking to his lawyer.' Detective Fantz waited in the room in order to arrest Gann as soon as he got off the phone. Detective Fantz heard Gann state: 'Looks like I'm going to have to go downtown,' followed by the words 'ex-con in possession, I guess.' P later introduced these statements to prove that D had knowledge of the shotgun and ammunition found in his vehicle. P had objected to this introduction. P was convicted and appealed in part on this issue.