Charles H. Kelley v. United States

DANAHER, Circuit Judge.

Charged with being a transferee of non-taxpaid marihuana, appellant was convicted after the District Court denied his motion to suppress. This appeal in forma pauperis was allowed that the court might consider whether or not there had been an unlawful seizure of the contraband from the person of the appellant.

Metropolitan police officers attached to the Vagrancy Squad on August 12, 1960, at about 1:50 A.M., from the street saw this appellant seated at a counter in a crowded Seventh Street restaurant. They entered the business establishment and approached the appellant.…