United States v. Marvin Moses

SWAIM, Circuit Judge.

The appellant was convicted by the court below, sitting without a jury, under two counts, of purchasing narcotic drugs not in stamped packages, 26 U.S.C.A. § 2553(a), and receiving, concealing, etc., narcotics, knowing them to have been imported contrary to law, 21 U.S.C.A. § 174. Appellant argues that his conviction should be reversed because it was obtained on the basis of evidence taken from his car by the Chicago city police without a warrant.

The appellant was driving his car north on Greenwood Street in Chicago at 3:30 in the afternoon. At 45th Street he passed three…