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United States v. Charles Patrick Carney

UNITED STATES of America v. Charles Patrick CARNEY Et Al., Appellant

United States v. Carney, 455 F.2d 925 (3d Cir. 1972)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
February 3, 1972
Docket
No. 71-1823
Judges
Hastie, Rosenn, McCune
Citations
455 F.2d 9251972 U.S. App. LEXIS 11482

Opinion — Per Curiam

OPINION OF THE COURT PER CURIAM:

With one exception, the issues in this case have been dealt with in two reported district court opinions, United States v. Carney, 328 F.Supp. 948 (D.Del. 1971), and United States v. Carney, 328 F.Supp. 960 (D.Del.1971). The reasoning contained in these opinions is here adopted by this court.

The exception noted above refers to whether certain in-court identification testimony was properly admitted. That testimony was given by a bank employee who had occasion to view certain photographs of the appellant which were taken by bank cameras in the routine course of business within the bank. This witness was uncertain both as to whether he had viewed the photographs before he identified the appellant at a line-up, and whether the photographs were shown to him by members of the F.B.I. Apparently, the witness saw the photographs after the appellant was in custody.

We need not decide here whether this fact situation presents a violation of United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), or United States v. Zeiler, 427 F.2d 1305 (3d Cir. 1970). The district court found that the witness had an independent source of identification. We agree. The appellant attempted to purchase some traveler’s checks from the witness. The transaction took approximately fifteen minutes. The witness, a member of the bank’s security committee, became suspicious of the appellant and did not sell him the traveler’s checks. Thus, the transaction between the witness and appellant was more than an evanescent experience. The witness’ attention was focused on the appellant. Moreover, a description furnished by the witness before he saw the photographs of the appellant substantially corresponded with appellant’s appearance. This prior opportunity to deal with and study the appellant justifies the conclusion that the witness’ in-court identification had an *927 origin independent of any photographic identification made outside the presence of counsel. United States v. Zeiler, 447 F.2d 993 (Filed September 15, 1971, 3d Cir.).

The judgment of the district court will be affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1972: 31973: 21974: 11976: 11981: 219722026peak 1972 · 3

Relies on it most ⓘ

  1. United States of America ex rel. Cleveland Reed v. Raymond Anderson, Warden, Delaware Correctional Center461 F.2d 739 (3d Cir. 1972)
  2. State v. Oropeza545 P.2d 475 (Idaho 1976)
  3. Malcolm Ralph Morrison v. United States491 F.2d 344 (8th Cir. 1974)
  4. United States v. McGovern661 F.2d 27 (3d Cir. 1981)
  5. United States v. Isenberg343 F. Supp. 25 (W.D. Pa. 1972)
  6. Commonwealth v. Eilers503 S.W.2d 724 (Ky. Ct. App. 1973)

Most recent

  1. United States v. McGovern James Daniel v. McGovern James Daniel661 F.2d 27 (3d Cir. 1981)
  2. United States v. McGovern661 F.2d 27 (3d Cir. 1981)
  3. State v. Oropeza545 P.2d 475 (Idaho 1976)
  4. Malcolm Ralph Morrison v. United States491 F.2d 344 (8th Cir. 1974)
  5. Commonwealth v. Eilers503 S.W.2d 724 (Ky. Ct. App. 1973)
  6. United States ex rel. Choice v. Brierley363 F. Supp. 178 (E.D. Pa. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
United States v. Wade, 388 U.S. 218 (1967) 7,026
United States v. William Edward Zeiler, United States of Am. v. William Edward Zeiler, Richard Peter Chiocca, William Edward Zeiler, 427 F.2d 1305 (3d Cir. 1970) 99
United States v. William Edward Zeiler (Two Cases), 447 F.2d 993 (3d Cir. 1971) 24
United States v. Carney, 328 F. Supp. 948 (D. Del. 1971) 10
United States v. Carney, 328 F. Supp. 960 (D. Del. 1971) 4

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