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BYNUM v. UNITED STATES

No. 10754.

386 A.2d 684 (1978)

Roland BYNUM, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 8, 1978.

Attorney(s) appearing for the Case

Warren C. Nighswander, Public Defender Service, Washington, D. C., for appellant. Frederick H. Weisberg, Public Defender Service, Washington, D. C., also entered an appearance for appellant.

Steven R. Schaars, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Iraline G. Barnes, Neil I. Levy and Carol E. Bruce, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KELLY and HARRIS, Associate Judges, and PAIR, Associate Judge, Retired.

KELLY, Associate Judge:

Appellant was convicted of receiving stolen property. D.C.Code 1973, § 22-2205. He contends in this appeal that the stolen item, a tape recorder, was seized impermissibly because it was taken during the execution of a search warrant which facially was invalid for lack of probable cause. He claims, alternatively, that if the search warrant was valid, the seizure of the tape recorder exceeded the scope of the warrant. We reverse.

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