Hawkins v. United States

NEBEKER, Associate Judge:

Having been convicted of possession of marijuana (D.C.Code 1973, § 33-402), appellant asserts as unlawful the entry by police into his home. They were executing an arrest warrant for appellant’s brother who was charged with armed robbery. When the police arrived at about 8:00 a. m. in search of the brother, who also lived in the home, appellant asserted that his brother was not at home but at school. The police then entered and, while searching for the brother, observed the contraband in plain view.

Appellant’s argument is that the police were bound to abandon their…