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WASHINGTON v. UNITED STATES

No. 21105.

397 F.2d 705 (1968)

Howard Donald S. WASHINGTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 20, 1968.

Attorney(s) appearing for the Case

Mr. George C. Davis, Washington, D. C., with whom Mr. John D. Conner, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. James A. Strazzella, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Seymour Glanzer, Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, BURGER and LEVENTHAL, Circuit Judges.

DANAHER, Circuit Judge:

Convicted of violations of the narcotics laws, this appellant contends that the District Court erred in denying his motion to suppress the use in evidence against him of some 15 capsules containing heroin. He argues that when he discarded an envelope containing the heroin capsules, he acted in apprehension of an impending arrest for which, at least up to that moment, the police lacked probable cause.

Before the District Court was evidence...

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