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UNITED STATES v. DiPRIMA

No. 72-1085.

472 F.2d 550 (1973)

UNITED STATES of America, Appellee, v. James Joseph DiPRIMA, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided January 26, 1973.

Attorney(s) appearing for the Case

Joseph C. Delcore, Everett, Mass., by appointment of the Court, for appellant.

Edward J. Lee, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judge.

ALDRICH, Senior Circuit Judge.

This is another of the flow of cases objecting to the fruits of a search and seizure where the police acted without a search warrant, but after a request for and a manifestation of consent. We pointed out as recently as Leavitt v. Howard, 1 Cir., 1972, 462 F.2d 992, 998, that to indicate consent, causing the police to forego the obtaining of a warrant, and then to object later, will offer a defendant...

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