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POLDO v. UNITED STATES

No. 6403.

55 F.2d 866 (1932)

POLDO v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 1, 1932.

Attorney(s) appearing for the Case

Stanley Burke, of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., and Herman A. Van Der Zee, Asst. U. S. Atty., both of San Francisco, Cal.

Before WILBUR and SAWTELLE, Circuit Judges, and JAMES, District Judge.

SAWTELLE, Circuit Judge.

This appeal involves the single question of the legality of the arrest and search whereby certain evidence of the crime charged was secured by the arresting officers.

On April 18, 1930, two secret service officers observed the appellant, hereinafter referred to as defendant, enter a hardware store, carrying in his hand what appeared to be a metal disc with a piece of tin around it, "such [a...

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