UNITED STATES v. JIMINEZ-BADILLA

No. 25577.

434 F.2d 170 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Reynaldo Gilberto JIMINEZ-BADILLA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 9, 1970.


Attorney(s) appearing for the Case

O. J. Wilkinson, Jr. (argued), Phoenix, Ariz., for defendant-appellant.

Morton Sitver (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Phoenix, Ariz., for plaintiff-appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and SWEIGERT, District Judge.


SWEIGERT, District Judge:

On this appeal from a judgment of conviction of violation of Title 21 U.S.C. § 174 (receiving, concealing and transportation of heroin) after a guilty verdict by a jury, appellant raises three issues.

(1) Whether the arrest of appellant without an arrest warrant was upon probable cause.

(2) Whether certain items of evidence seized at the time of the arrest without a search warrant and introduced in evidence at the trial...

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