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UNITED STATES v. MITCHELL

No. 6624.

299 A.2d 540 (1973)

UNITED STATES, Appellant, v. Elaster MITCHELL, Appellee.

District of Columbia Court of Appeals.

Decided January 24, 1973.

Attorney(s) appearing for the Case

Joseph E. diGenova, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Henry F. Schuelke, III, Asst. U. S. Attys., were on the brief, for appellant.

Leroy Nesbitt, Washington, D. C., for appellee.

Before REILLY, Chief Judge, and PAIR and HARRIS, Associate Judges.

HARRIS, Associate Judge:

The Government appeals from an order of the trial court which granted a motion to suppress a quantity of heroin and certain narcotics paraphernalia. Concluding that the police conduct involved was constitutionally permissible, we reverse and remand.

The sole witness at the hearing on the motion to suppress was Officer J. C. Stamps of the Metropolitan Police Department. On the night of May 9, 1972, he was dressed in casual clothes,...

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