Lavato v. People

Opinion by

Mr. Justice Pringle.

Robert E. Lavato, hereinafter referred to as Lavato, seeks reversal here of a judgment sentencing him to a term of from five to ten years in the State Penitentiary.

Lavato was charged in the trial court with the unlawful and felonious possession of a narcotic drug (cannabis). Thereafter, he filed a timely motion to suppress as evidence, cigarettes and tobacco allegedly containing elements of a narcotic drug upon the ground that these items had been taken from him as a part of a seizure incident to an unlawful arrest in contravention of his rights under the Federal…