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ADAMS v. UNITED STATES

Nos. 20547, 20548, 20549.

399 F.2d 574 (1968)

John E. ADAMS, Appellant, v. UNITED STATES of America, Appellee. Ernest J. STUCKEY, Appellant, v. UNITED STATES of America, Appellee. Melvin R. ROOTS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1968.

Petitions for Rehearing Denied September 9, 1968.

Attorney(s) appearing for the Case

Mr. Warren C. Zwicky, (appointed by this court), Washington, D. C., for appellant in No. 20,547.

Mr. George C. Dreos, (appointed by this court), Washington, D. C., for appellant in No. 20,548.

Mr. David E. Varner, (appointed by this court), Washington, D. C., for appellant in No. 20,549.

Mr. A. Lee Fentress, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Allan M. Palmer, Asst. U. S. Attys., were on the brief, for appellee.

Mr. James A. Strazzella, Asst. U. S. Atty., also entered an appearance for appellee. Mr. Scott R. Schoenfeld, Asst. U. S. Atty., also entered an appearance for appellee in No. 20,549.

Before BURGER, WRIGHT and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge:

These three appeals are from convictions under a joint indictment founded upon the robbery of a liquor store. Two issues are common to each appeal. They are (1) the existence of probable cause for arrest and accompanying search, and (2) the admissibility of testimony of a police station identification made during a period of illegal detention in violation of Rule 5(a), FED.R.CRIM.P.1 The former involves problems...

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