United States v. James Lindsay, Jr.

TAMM, Circuit Judge:

Appellant James Lindsay, Jr., seeks review of his conviction on one count of robbery (22 D.C.Code § 2901) arising out of an April 3, 1972 armed robbery of a McDonald’s Restaurant. On appeal, he contends that the district court erred by (1) not suppressing certain evidence alleged to be the fruits of an unconstitutional police entry and (2) not directing a verdict of acquittal at the close of all the evidence. Finding that the police entry violated appellant’s fourth amendment rights, we reverse.

I

Early on the morning of April 3, 1972, two armed men accosted the clean-up…