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UNITED STATES v. BYNUM

No. 5877.

283 A.2d 649 (1971)

UNITED STATES, Appellant, v. Curtis Eugene BYNUM, Appellee.

District of Columbia Court of Appeals.

Decided November 1, 1971.

Attorney(s) appearing for the Case

James A. Adams, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry, David G. Larimer, and Robert C. Crimmins, Asst. U. S. Attys., were on the brief, for appellant.

William W. Taylor, III, Washington, D. C., for appellee.

Before FICKLING, KERN and REILLY, Associate Judges.

REILLY, Associate Judge:

This is an appeal by the Government, pursuant to D.C.Code 1967, § 23-104(a) (1) (Supp. IV, 1971), from an order granting a pretrial motion to suppress as evidence of criminal possession of narcotics, a quantity of heroin taken from appellee's pockets at the time of his arrest.1 The Government contends that the discovery and seizure of the heroin were proper incidents of a lawful arrest and consequently the...

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