United States v. McCoy

CourtCourt of Appeals for the First Circuit
DecidedOctober 19, 1992
Docket91-2251
StatusPublished

This text of United States v. McCoy (United States v. McCoy) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. McCoy, (1st Cir. 1992).

Opinion

USCA1 Opinion


October 19, 1992
October 19, 1992

UNITED STATES COURT OF APPEALS
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
FOR THE FIRST CIRCUIT

____________________
____________________

No. 91-2251
No. 91-2251

UNITED STATES OF AMERICA,
UNITED STATES OF AMERICA,

Appellee,
Appellee,

v.
v.

JAMES W. McCOY,
JAMES W. McCOY,

Defendant, Appellant.
Defendant, Appellant.

____________________
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT
APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE
FOR THE DISTRICT OF NEW HAMPSHIRE

[Hon. Shane Devine, U.S. District Judge]
[Hon. Shane Devine, U.S. District Judge]
___________________

____________________
____________________

Before
Before

Torruella, Cyr and Boudin,
Torruella, Cyr and Boudin,

Circuit Judges.
Circuit Judges.
______________

____________________
____________________

Glenn G. Geiger, Jr. with whom Geiger & Heiser, P.C. was on brief
Glenn G. Geiger, Jr. with whom Geiger & Heiser, P.C. was on brief
____________________ _____________________
for appellant.
for appellant.
Michael J. Connolly, Assistant United States Attorney, with whom
Michael J. Connolly, Assistant United States Attorney, with whom
___________________
Jeffrey R. Howard, United States Attorney, was on brief for appellee.
Jeffrey R. Howard, United States Attorney, was on brief for appellee.
_________________

____________________
____________________

____________________
____________________

CYR, Circuit Judge. After defendant James W. McCoy was
CYR, Circuit Judge.
_____________

indicted on four counts of violating 18 U.S.C. 922(g)(1), which

makes it unlawful for a convicted felon to possess a firearm, he

filed three motions to dismiss the indictment and two motions to

suppress evidence of the firearms. The motions were denied and

McCoy was tried and convicted on all counts. He challenges only

the district court orders denying the pretrial motions. We

affirm.

I
I

BACKGROUND
BACKGROUND
__________

Between July 21 and August 14, 1987, the town of

Hampton Falls, New Hampshire was beset by a series of burglaries

which seemed linked by several similarities. Each occurred

during working hours on a weekday. In each instance, entry was

gained by prying open a door, or if an attempted entrance through

a door proved unsuccessful, by prying open a window. Typically,

jewelry, cash, tools, and other small personal items were carried

away in pillow cases and nylon bags.

A. Allen Burglary
A. Allen Burglary
______________

On August 14, 1987, the Hampton Falls home of John

Allen was burglarized. At approximately 1:30 p.m., George Allen,

John Allen's brother and neighbor, spotted an unfamiliar black

Dodge van parked near John Allen's home. He stopped to investi-

gate, and noticed a white male walking away from the back of his

brother's house. He asked the stranger what he was doing, and

the man, who appeared nervous, replied, "just surveying." The

man then shouted toward the tree line at the back of the proper-

ty, as if to another person, words to the effect that he would

finish the job later. The man then got into the van, and George

Allen remarked to him that if he was simply surveying, he would

not object to his license plate number being recorded. George

Allen recorded the number, and the man drove away in the black

van.

When John Allen returned home that evening, he discov-

ered that his house had been forcibly entered through a rear

cellar window and an unsuccessful attempt had been made to pry a

rear door. Although it appeared that nothing had been taken from

the house, a nylon bag packed with jewelry and other personal

items was found in the master bedroom. Hampton Falls Deputy

Police Chief Dean R. Glover was dispatched to investigate the

burglary. George Allen told Glover that the man he had seen that

afternoon was a white male with dark curly hair, between five

feet ten inches and five feet eleven inches tall, and between one

hundred and seventy and two hundred pounds. Allen initially

estimated the man's age at between twenty-five and thirty years,

but moments later revised his estimate to thirty-five years or

older.

B. Arrest Warrant
B. Arrest Warrant
______________

2

Deputy Chief Glover ran a check on the license plate

number provided by George Allen and discovered that the van was

registered to appellant James W. McCoy at an address in neighbor-

ing Hampton, New Hampshire. Glover then ran a license check,

which revealed that McCoy was forty years old, five feet eleven

inches tall, two hundred pounds, with brown hair and eyes. Armed

with this information, Glover prepared an affidavit and complaint

for an arrest warrant charging McCoy with burglary. The support-

ing affidavit described the burglary of the John Allen residence

and George Allen's encounter with "a white male individual,

heavyset, approx.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carroll v. United States
267 U.S. 132 (Supreme Court, 1925)
Petite v. United States
361 U.S. 529 (Supreme Court, 1960)
United States v. Marion
404 U.S. 307 (Supreme Court, 1971)
Gerstein v. Pugh
420 U.S. 103 (Supreme Court, 1975)
Brown v. Illinois
422 U.S. 590 (Supreme Court, 1975)
United States v. Watson
423 U.S. 411 (Supreme Court, 1975)
Rinaldi v. United States
434 U.S. 22 (Supreme Court, 1977)
United States v. MacDonald
456 U.S. 1 (Supreme Court, 1982)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
Illinois v. Andreas
463 U.S. 765 (Supreme Court, 1983)
United States v. Ronald Pimental
645 F.2d 85 (First Circuit, 1981)
United States v. William T. Marler
756 F.2d 206 (First Circuit, 1985)
United States v. James McHugh
769 F.2d 860 (First Circuit, 1985)
United States v. Robert Kenneth Rich
795 F.2d 680 (Eighth Circuit, 1986)
United States v. Luis A. Aguirre
839 F.2d 854 (First Circuit, 1988)
United States v. Hector Hernan Hoyos
892 F.2d 1387 (Ninth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
United States v. McCoy, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-mccoy-ca1-1992.