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WHITELEY v. WARDEN

No. 136.

401 U.S. 560 (1971)

91 S.Ct. 1031

28 L.Ed.2d 306

WHITELEY v. WARDEN, WYOMING STATE PENITENTIARY.

Supreme Court of United States.

Decided March 29, 1971

Attorney(s) appearing for the Case

William J. Knudsen, Jr., argued the cause for petitioner. With him on the briefs was Richard A. Mullens.

Jack Speight, Assistant Attorney General of Wyoming, argued the cause for respondent. With him on the brief was James E. Barrett, Attorney General.

MR. JUSTICE HARLAN delivered the opinion of the Court.

Petitioner Whiteley, in 1965, was convicted in the District Court for the Second Judicial District of the State of Wyoming on charges of breaking and entering and being an habitual criminal.1 Both at his arraignment and at trial Whiteley challenged the constitutionality of the use of evidence seized during a search incident to an arrest which he claimed was illegal. The trial court...

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