ELMER v. UNITED STATES

No. 21264.

378 F.2d 672 (1967)

James Edward ELMER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 5, 1967.


Attorney(s) appearing for the Case

Morton Galane, Las Vegas, Nev., for appellant.

Joseph L. Ward, U. S. Atty., Robert S. Linnell, Asst. U S. Atty., Las Vegas, Nev., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and TAYLOR, District Judge.


PER CURIAM:

From the testimony of the arresting officer, the district court could conclude, as by necessary implication it did, that when appellant accompanied the police officer to the station and made statements regarding the offense he acted voluntarily and with knowledge of his rights; that the arrest occurred thereafter, and hence was supported by probable cause; and that the search of appellant's wallet followed immediately...

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