UNITED STATES v. DYSON

No. 5620.

277 A.2d 658 (1971)

UNITED STATES, Appellant, v. Francis Ignatious DYSON, Appellee.

District of Columbia Court of Appeals.

Decided May 28, 1971.


Attorney(s) appearing for the Case

Daniel J. Bernstein, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and William H. Schweitzer, Asst. U. S. Attys., were on the brief, for appellant.

Eugene J. Fitzpatrick, Rockville, Md. entered an appearance for appellee and adopted the brief of the amicus curiae.

John Vanderstar, Atty., American Civil Liberties Union Fund, Washington, D. C., filed a brief as amicus curiae and presented oral argument in lieu of counsel for appellee.

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


FICKLING, Associate Judge:

This is an appeal from the granting of a motion to suppress evidence seized during an allegedly illegal search. Since we hold the search proper, we reverse.

The appellee was arrested for shooting craps in public. The arresting officer (Smith), after a brief frisk which revealed no weapons, put in a call for an expedited transport because of a gathering crowd. When the transport vehicle arrived, appellee was placed in the back seat...

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