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UNITED STATES v. BEALE

No. 29150.

436 F.2d 573 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Cornelius BEALE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 11, 1971.

Attorney(s) appearing for the Case

Jack H. Cohen, Miami, Fla. (Court appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael J. Osman, Harold F. Keefe, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and GODBOLD, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal presents the question whether federal officers may utilize a trick or ruse to enter a hotel room, unannounced, for the purpose of making an arrest. Since we feel that the underlying rationale of Sabbath v. United States, 391 U.S. 585, 88 S.Ct. 1755, 20 L.Ed.2d 828, is controlling, we hold that this method of entry invalidates appellant's arrest and makes inadmissible the evidence seized in the subsequent...

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