UNITED STATES v. DIAZ

No. 7505.

427 F.2d 636 (1970)

UNITED STATES of America, Appellee, v. Michael Angelo DIAZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 8, 1970.


Attorney(s) appearing for the Case

Robert Upton, II and Charles G. Douglas, III, Manchester, N. H., by appointment of the Court, for appellant.

William B. Cullimore, Asst. U. S. Atty., with whom David A. Brock, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, COFFIN, Circuit Judge, and FORD, District Judge.


COFFIN, Circuit Judge.

Shortly before midnight on July 3, 1969, Sergeant Foisy of the New Hampshire State Police, on routine patrol through the town of West Ossipee with another patrolman, observed defendant Michael Diaz hitchhiking by the side of the road, a misdemeanor under New Hampshire law. N.H.R.S.A. 262-A:38. The officers stopped their car, called defendant over, and, after inquiring of his destination, Sergeant Foisy asked defendant for some identification...

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