United States v. Robert Price

WATERMAN, Circuit Judge:

Appellant was convicted of unlawful possession of a package stolen from the Post Office in violation of 18 U.S.C. § 1708. On this appeal he urges that a package taken from him and certain statements made by him to the arresting officer at the time of his arrest should have been suppressed, and should not have been introduced into evidence at his trial, a trial conducted before Judge Pollack, sitting without a jury.

The evidence adduced at trial shows that around 11 P.M. on June 27, 1970, Sergeant Lively and Patrolman Toscano of the New York City Police Department…