UNITED STATES v. ROBINSON

No. 23734.

471 F.2d 1082 (1972)

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

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 1972.

Certiorari Granted March 19, 1973.


Attorney(s) appearing for the Case

Mr. Joseph Gartlan, Jr., Washington, D. C., with whom Mrs. Dorothy Sellers, Washington, D. C. (both appointed by this court), and Mr. John K. Crummey, Bethesda, Md., were on the brief, for appellant.

Mr. Henry F. Greene, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry and John F. Evans, Asst. U. S. Attys., were on the brief, for appellee. Messrs. Harold H. Titus, Jr., present U. S. Atty., and Earl J. Silbert, Asst. U. S. Atty., also entered appearances 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


Certiorari Granted March 19, 1973. See 93 S.Ct. 1500.

ON REHEARING EN BANC

J. SKELLY WRIGHT, Circuit Judge:

This appeal from a jury conviction of federal narcotics offenses1 raises questions under the Fourth Amendment, as difficult as they are important, concerning the permissible scope of a search of the person incident to a lawful arrest for violation of a District of Columbia motor vehicle regulation. The case was...

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