UNITED STATES v. SMITH

No. 71-1799.

456 F.2d 1236 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Theodore Alexander SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 21, 1972.


Attorney(s) appearing for the Case

S. Thomas Pollack, Deputy Fed. Public Defender (argued), Michael P. Balaban, First Asst. Deputy Fed. Public Defender, Los Angeles, Cal., for defendant-appellant.

Stanley Greenberg, Asst. U. S. Atty. (argued), Robert L. Meyer, U. S. Atty., Eric A. Nobles, Asst. U. S. Atty. & Chief, Crim. Div., Elliott H. Kajan, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, BROWNING and ELY, Circuit Judges.


PER CURIAM:

Appellant was convicted of armed bank robbery, 18 U.S.C. §§ 2113(a) and (d) (1964).

The lower court denied appellant's motion to suppress statements he made to FBI agents following his arrest. He argues that the motion should have been granted for two reasons.

1. The federal officers broke into a hotel room and arrested appellant without first announcing their authority and purpose (see 18 U.S.C. § 3109), and appellant...

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