UNITED STATES v. MILLS

No. 22444.

472 F.2d 1231 (1972)

UNITED STATES of America v. Harold E. MILLS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1972.


Attorney(s) appearing for the Case

Mr. Peter F. Rousselot, Washington, D. C. (appointed by this Court), with whom Mr. Richard B. Ruge, Washington, D. C., was on the brief, for appellant.

Mr. Robert C. Crimmins, Asst. U. S. Atty., for appellee. Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB, and WILKEY, Circuit Judges, sitting


Argued En Banc February 26, 1971.

ON REHEARING EN BANC

LEVENTHAL, Circuit Judge:

Appellant was convicted by a jury upon a three-count indictment charging violations of the Federal narcotics laws. The central question is the admissibility in evidence of narcotics found in appellant's possession on a search of his pockets at the police station, where he was brought following an arrest for the petty offense of driving with a learner's permit while unaccompanied...

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