United States v. Prescott Book Reviews

United States v. Prescott by Fifth Circuit United States Court Of Appeals Book Summary

The appellant Billy Charles Prescott was convicted for possession of a firearm by a convicted felon, in violation of 18 U.S.C. App. § 1202(a)(1). The sole issue on appeal is whether the firearm that formed the basis of the prosecution was the product of an illegal search of the appellant's vehicle. On the night of July 10, 1977, Officer Alan W. Ellidge of the Portland, Texas police force observed a car operating erratically on U.S. Highway 181 in Portland. After following the weaving vehicle for about two miles, Ellidge stopped the car. The vehicle was an ""El Camino"" style car with only one passenger seat and a flatbed in the rear, like a pickup truck. The driver and two passengers were inside. The entire inside of the vehicle was illuminated by the patrol car's search light. Billy Prescott, the driver, smelled strongly of alcohol and had slurred speech. When he refused to take a breathalyzer test, he was placed under arrest for driving while intoxicated, and taken handcuffed to Ellidge's patrol car. Ellidge returned to Prescott's car to see if either of the other two passengers could safely drive it. When the two turned out to be visibly inebriated Ellidge placed them under arrest for public drunkenness and took them to the squad car to join Prescott. As the two passengers exited the vehicle, a pistol and several bullets came into plain view. Once all three of the car's occupants were secure in the police car, Ellidge returned to Prescott's vehicle and seized the pistol and bullets. On examination, the pistol turned out to be a blank starter's pistol, which did not match the live .30 caliber ammunition. Suspicious that another firearm matching the .30 caliber bullets was inside the car, Ellidge looked behind the driver's seat into the open storage space between the seat and the rear of the cab. There lying ajar was a suitcase with the butt of a pistol exposed. Ellidge removed the pistol, a .30 caliber semi-automatic Universal Enforcer. As the seizure was being made, another patrol car arrived on the scene and a wrecker service was called to tow the Prescott vehicle.

👋 Do you love United States v. Prescott books? Please share your friends!

United States v. Prescott (Fifth Circuit United States Court Of Appeals) Book Reviews 2024

Fifth Circuit United States Court Of Appeals - United States v. Prescott Discussions & Comments

Have you read this book yet? What do you think about United States v. Prescott by Fifth Circuit United States Court Of Appeals book? Ask the bookpedia.co community a question about United States v. Prescott!