United States v. Solomon M. Fulero

An indictment in two counts charged the appellant with unlawful possession of marijuana with intent to distribute it (21 U.S.C. § 841(a)) and with unlawful possession of the same marijuana in violation of 33 D.C.Code § 402. The appellant was tried without a jury before the District Court, found guilty, and placed on probation under the Youth Corrections Act, 18 U.S.C. § 5010(a). On this appeal he claims that the marijuana introduced in evidence against him was seized during the course of an unlawful search.

The circumstances of the search and seizure were explored at a hearing on a motion to…