United States v. Robinson

LYNNE, District Judge:

The clean cut question presented by this appeal is whether the district court erred in overruling appellant’s motion to suppress evidence obtained as an incident to his arrest. We hold that it did and reverse.

Certain dispositive facts were developed by the evidence adduced upon the hearing conducted by the court out of the presence of the jury. For the purpose of this opinion they may be severely capsulated.

Sometime prior to January 13, 1977, appellant, a man of many aliases, was arrested in the City of Mobile, Alabama, for shoplifting in violation of a municipal…