Munn v. United States

PAIR, Associate Judge:

Tried without a jury, appellant was convicted of possession of heroin in violation of the Uniform Narcotics Act.1 At trial, appellant moved to suppress as evidence tinfoil packets containing heroin, urging that they were the fruit of a search incident to an arrest made without probable cause. The denial of that motion is the crucial question on appeal.2

The arresting officer testified that on November 13, 1970 at approximately 6:45 p.m., he was seated on the passenger side of a police cruiser which had stopped for a red light at the southeast corner of 14th and Chapin…