Louis R. Hutcherson v. United States

I. Sham, Arrest

Appellant says that his arrest for drinking in public was a sham to cover for a narcotics search and hence the twenty-eight capsules of heroin-hydrochloride mixture found on his person should have been suppressed at his trial for Harrison Act violations.

The record lends some support to his contention. He was arrested by a narcotics squad officer in plain clothes, who testified that he was on watch for narcotics activity, in a high narcotics density area; he neither looked for persons drinking in public nor ordinarily arrested persons committing that offense in his presence;…