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UNITED STATES v. ROBINSON

No. 23734.

447 F.2d 1215 (1971)

UNITED STATES of America v. Willie ROBINSON, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1971.

Attorney(s) appearing for the Case

Mr. Joseph V. Gartlan, Jr., Washington, D. C. (appointed by this court) with whom Mr. John K. Crummey, Washington, D. C., was on the brief, for appellant.

Mr. Henry F. Greene, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and John F. Evans, Asst. U. S. Attys., were on the brief, for appellee. Mr. Earl J. Silbert, Asst. U. S. Atty., also entered an appearance for appellee.

Mr. Scott R. Schoenfeld Washington, D. C., filed a brief on behalf of Americans for Effective Law Enforcement, Inc., as amicus curiae.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting

Argued En Banc February 26, 1971.

ON REHEARING EN BANC

McGOWAN, Circuit Judge:

This appeal from a jury conviction for federal narcotics offenses (26 U.S.C. § 4704(a) and 21 U.S.C. § 174) raises questions under the Fourth Amendment, as difficult as they are important, of the permissible scope of the search of the person incident to a lawful arrest. Heard and decided initially by a division of this court on a ground not raised in the trial...

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