UNITED STATES v. SELF

Nos. 226-68, 227-68.

410 F.2d 984 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Richard L. SELF and Robert M. Straine, Defendants-Appellants.

United States Court of Appeals Tenth Circuit.

May 14, 1969.


Attorney(s) appearing for the Case

John A. Babington, Asst. U. S. Atty. (John Quinn, U. S. Atty., on the brief), for plaintiff-appellee.

Joseph Warner, III, Albuquerque, N. M. (J. Stephen Gammill, Albuquerque, N. M., on the brief) for defendants-appellants.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

A jury found appellants Self and Straine guilty of the interstate transportation of a stolen automobile in violation of 18 U.S.C. § 2312 and they appeal from the judgment imposing sentence. The thrust of their argument is that the exploitation by a state police officer of an unlawful arrest led to the evidence of their possession of a stolen vehicle and that such evidence is inadmissible under the "fruit of the poisonous tree" doctrine...

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