SABBATH v. UNITED STATES

No. 21353.

380 F.2d 108 (1967)

Johnny SABBATH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 27, 1967.


Attorney(s) appearing for the Case

Richard G. Tatus, San Deigo, Cal., for appellant.

Edwin L. Miller, Jr., U.S. Atty., Phillip W. Johnson, Asst. U.S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS and BARNES, Circuit Judges, and SMITH, District Judge.


RUSSELL E. SMITH, District Judge:

Defendant, convicted on one count of importing cocaine, and on a second count of concealing and facilitating the transportation of the same cocaine in violation of 21 U.S.C. § 174, appeals from the judgment of conviction, asserting as error the admission of evidence seized at the time of his arrest.

Unless made as an incident of a lawful arrest the seizure was invalid on fourth amendment grounds because it was accomplished...

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