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RODGERS v. UNITED STATES

No. 21725.

421 F.2d 1132 (1969)

Beverly J. RODGERS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 6, 1969.

Attorney(s) appearing for the Case

Mr. James W. Quiggle, Washington, D. C., (appointed by this court) for appellant.

Mr. Robert P. Watkins, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before BAZELON, Chief Judge, BURGER and LEVENTHAL, Circuit Judges.

PER CURIAM:

Appellant, a 74 year-old itinerant salesman, challenges his convictions for taking and having in his possession mail belonging to others, 18 U.S.C. § 1708 (1964), on the ground that the evidence used to convict him was illegally obtained. We hold that the search which produced this challenged evidence resulted from an unlawful arrest and that the material obtained in the search was therefore inadmissible at his trial.1

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