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FULLER v. UNITED STATES

No. 21729.

433 F.2d 533 (1970)

Morris FULLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 1970.

Attorney(s) appearing for the Case

Mrs. Jean F. Dwyer, Washington, D. C. (appointed by this court) for appellant.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Nicholas S. Nunzio, Asst. U. S. Attys., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before McGOWAN, TAMM and MacKINNON, Circuit Judges.

PER CURIAM:

This appeal from a conviction for narcotics offenses (26 U.S.C. § 4704(a) and 21 U.S.C. § 174) by the District Court, sitting without a jury, turns upon the validity of a search of appellant which revealed his possession of sixty heroin capsules. That search took place while appellant was under lawful arrest for driving a car without a permit and without lights, and while he was under overnight detention after booking. As an independent ground...

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