United States v. Harry William Palmateer

Palmateer appeals from a conviction by a jury under 21 U.S.C. §§ 331(q)(3) (B) and 360a(e) (2) for possession of a stimulant or depressant drug. The evidence that formed the basis for his conviction was discovered during a warrant-less search of appellant’s prison cell at Terminal Island Correctional Institution where he was already incarcerated. The search of Palmateer’s cell followed a “skin search” of appellant’s person near the prison commissary during which a prison official had found a $5.00 bill, which is contraband in a prison, and a magazine that the official considered to be…