United States v. David Baca

ORIE L. PHILLIPS, Circuit Judge.

An indictment was returned in the United States District Court for the District of New Mexico, charging that David Baca, hereinafter called the defendant, “did possess” on July 13, 1972, “with intent to distribute a quantity of heroin, a schedule I narcotic drug controlled substance” in violation of 21 U. S. C.A. § 841(a)(1).

The sole ground urged as error was the overruling of a motion to suppress “all physical and testimonial evidence seized from Defendant on or about July 13, 1972,” on the ground that it was seized under an illegal search warrant issued on…