BAILEY v. UNITED STATES

No. 21778.

404 F.2d 1291 (1968)

John L. BAILEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1968.


Attorney(s) appearing for the Case

Mr. Arnold L. Yochelson, Washington, D. C. (appointed by this court) for appellant.

Mr. Robert S. Bennett, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and TAMM, Circuit Judges.


DANAHER, Circuit Judge:

Convicted of narcotics violations, Bailey has here contended that his arrest was unlawful and that accordingly the search which disclosed his possession of narcotics was invalid. Additionally he argues that the trial court erred in refusing to suspend the trial and to conduct an inquiry into the issuance of the arrest warrant although he had made no pretrial motion to that end. We rule against him on both points.

The United States Commissioner...

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