William Von Sleichter v. United States

I share the majority’s reluctance to affirm this conviction on the basis of the views expressed by Judge Nebeker. See majority opinion at 1246 n. 1. I had *1250not thought that anything in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), changed the long-standing rule that evidence resulting from a search incident to an unlawful arrest is inadmissible. Nor' had I doubted that when a policeman on the beat announces, “You are under arrest,” he means what he says, and his words are sufficient to effect an arrest.1 It follows that, if the arrest is invalid, the incident search is…