THOMAS v. UNITED STATES

No. 22063.

412 F.2d 1095 (1969)

Aaron S. THOMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 19, 1969.


Attorney(s) appearing for the Case

Mr. M. Michael Cramer, Washington, D. C., (appointed by this court) for appellant. Mr. H. Thomas Sisk, Washington, D. C. (appointed by this court) also entered an appearance for appellant.

Mr. James A. Treanor, III, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and McGOWAN, Circuit Judges.


PER CURIAM:

In this appeal from a conviction of violating two federal narcotics statutes, 26 U.S.C. § 4704(a); 21 U.S.C. § 174 (1964), the only issue is that of whether a search of appellant's person was illegal because it was not incidental to a valid arrest. A pretrial motion to suppress the narcotics revealed by the search was heard and denied by the District Court. When the case came on for trial before another judge some two months later, appellant...

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