Peterkin v. United States

HOOD, Chief Judge:

Appellants were convicted of possession of desoxyn tablets in violation of D.C.Code 1967, § 33-702(a) (4). 1 On this appeal admission of the drug into evidence is challenged as the fruit of an unlawful search. It is contended that the police lacked probable cause to arrest appellants thereby rendering the incident search unlawful and that, short of probable cause, there was no justification under the rationale of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) to conduct a protective search for weapons. Careful consideration has led us to the conclusion that…