United States v. Thomas Byron Clark

HEANEY, Circuit Judge.

In this case, we are asked to permit a defendant who entered a plea of nolo contendere in the District Court to assert, on appeal, that his motion to suppress evidence should have been granted. In order to do so, we would have to reject the rule that a plea of nolo contendere, like a plea of guilty, waives all non-jurisdictional defects, including allegedly illegal searches and seizures. See, United States ex rel. Rogers v. Warden of Attica State Prison, 381 F.2d 209 (2nd Cir. 1967); Hughes v. United States, 371 F.2d 694 (8th Cir. 1967); Bell v. C. I. R., 320 F.2d 953…