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UNITED STATES v. ALBERTY

No. 71-1198.

448 F.2d 706 (1971)

UNITED STATES of America, Appellant, v. Richard Lee ALBERTY, Jr., Appellee.

United States Court of Appeals, Tenth Circuit.

October 7, 1971.

Attorney(s) appearing for the Case

Richard A. Pyle, U. S. Atty., and Robert D. McDonald, Asst. U. S. Atty., Muskogee, Okl., for appellant.

Sam Caldwell, Muskogee, Okl., for appellee.

Before PICKETT, HILL and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Richard Lee Alberty, Jr. was indicted under Title 26, U.S.C. §§ 5861(d) and 5871 for unlawful possession of a firearm not registered to him. Alberty filed a Motion to Suppress. He argued that the law of Oklahoma applies in determining the legality of the arrest and seizure. The trial court found that the actions of the two Oklahoma State police officers constituted an illegal arrest of Alberty, in that it was made for a misdemeanor...

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