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PETERKIN v. UNITED STATES

Nos. 5610, 5615.

281 A.2d 567 (1971)

Alex Junior PETERKIN, Appellant, v. UNITED STATES, Appellee. Lester PERKINS, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 6, 1971.

Attorney(s) appearing for the Case

William W. Kramer, Washington, D. C., appointed by this court, for Alex Junior Peterkin.

Joseph C. Lynch, Washington, D. C., appointed by this court, for Lester Perkins.

Julius A. Johnson, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry, James B. McMahon and Richard L. Cys, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and NEBEKER and YEAGLEY, Associate Judges.

HOOD, Chief Judge:

Appellants were convicted of possession of desoxyn tablets in violation of D.C.Code 1967, § 33-702(a) (4).1 On this appeal admission of the drug into evidence is challenged as the fruit of an unlawful search. It is contended that the police lacked probable cause to arrest appellants thereby rendering the incident search unlawful and that, short of probable cause, there was no justification under the rationale of...

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