Nance v. United States

KERN, Associate Judge:

Appellant was convicted of carrying a pistol without a license 1 after a trial upon stipulated facts which were developed at the pretrial hearing on his motion to suppress the pistol. Appellant challenges the trial judge’s denial of his suppression motion; he argues that the police lacked probable cause to arrest him, thereby invalidating the subsequent search which revealed the pistol concealed on his person.

At the suppression hearing the prosecution elicited the following testimony from Sergeant Ware, one of the arresting officers:

Q. Would you tell us the circumstances…