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GREEN v. UNITED STATES

No. 14378.

259 F.2d 180 (1958)

Mervin GREEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 31, 1958.

Petition for Rehearing Denied September 12, 1958.

Attorney(s) appearing for the Case

Mrs. Jean F. Dwyer, Washington, D. C., for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Circuit Judge, and HASTIE, Circuit Judge, United States Court of Appeals for the Third Circuit, and DANAHER, Circuit Judge.

Petition for Rehearing En Banc Denied September 12, 1958.

DANAHER, Circuit Judge.

Appellant was convicted on two counts involving violations of the narcotics laws. He has appealed, urging as error the District Court's denial of his motion for the suppression of 229 capsules containing heroin seized from his person as an incident to his arrest. The whole case turns on the circumstances under which the officers acted.

On August 26, 1957, about 11:15...

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