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WILLIAMS v. UNITED STATES

No. 13119.

263 F.2d 487 (1959)

Harry C. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 29, 1959.

Attorney(s) appearing for the Case

Mr. Walter W. Woodside, Washington, D. C. (appointed by this Court) filed a brief on behalf of appellant and his case was treated as submitted thereon.

Mr. Harry T. Alexander, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, FAHY and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

Because of the use of evidence obtained by an unlawful search we must again reverse a conviction, this time of housebreaking and larceny, which otherwise might be sustained. We restate the basic principles. The Fourth Amendment prohibits an unreasonable search.1 A search is unreasonable unless authorized by a valid search warrant, is incident to a valid arrest, or is made in other exceptional circumstances which dispense...

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