Cline v. United States

MeCAMANT, Circuit Judge.

When the defendant was arrested, he was searched and the officers removed from his person a phial of morphine and some money, which he had just received from a woman to whom he had sold morphine. An objection and exception were reserved to the reception of the morphine and money in evidence, on the ground that the search was illegal.

It is familiar law that officers making an arrest are entitled to search the party arrested, but this principle is applicable only to a legal arrest. Defendant contends that lie was arrested without a warrant and that the arrest was for…