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MUNN v. UNITED STATES

No. 5704.

283 A.2d 28 (1971)

Willie George MUNN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 1, 1971.

Attorney(s) appearing for the Case

Sol Rosen, Washington, D. C., appointed by this court, for appellant.

John E. Drury, III, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Eric B. Marcy, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and GALLAGHER and PAIR, Associate Judges.

PAIR, Associate Judge:

Tried without a jury, appellant was convicted of possession of heroin in violation of the Uniform Narcotics Act.1 At trial, appellant moved to suppress as evidence tinfoil packets containing heroin, urging that they were the fruit of a search incident to an arrest made without probable cause. The denial of that motion is the crucial question on appeal.2

The arresting officer testified...

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