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UNITED STATES v. CUMBERLAND

No. 5085.

262 A.2d 341 (1970)

UNITED STATES, Appellant, v. Robert Harmon CUMBERLAND, Appellee.

District of Columbia Court of Appeals.

Decided February 17, 1970.

Attorney(s) appearing for the Case

Warren R. King, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and John F. Evans, Asst. U. S. Attys., were on the brief, for appellant.

Sarah E. Brown, Washington, D. C., for appellee.

John Vanderstar, J. Dean Heller, and Ralph J. Temple, Washington, D. C., counsel for American Civil Liberties Union Fund, filed a brief as amicus curiae urging affirmance.

Before HOOD, Chief Judge, and GALLAGHER and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

This is an appeal by the United States1 from the suppression for use as evidence of marijuana ceased from Cumberland incident to his arrest. Because the suppressed contraband2 is substantial proof of the pending charge, the Government may appeal, and indeed must prevail if its prosecution is to go forward.

Cumberland was arrested without...

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