Legal Opinion

United States v. Otilio Serrano

Court of Appeals for the Second Circuit

Decided May 16, 1963No. 341, Docket 27043PublishedCited by 21 opinions

1Per curiam

In this appeal from a conviction for violation of the narcotics laws, 21 U.S.C. §§ 173 and 174, appellant claims that it was error to receive in evidence certain narcotics which, he alleges, were illegally seized as an incident of an unlawful arrest of the severed co-defendant Gonzales. We find it unnecessary to decide whether the arrest of Gonzales was unlawful. Since the narcotics were not seized in the course of a search of appellant’s person or premises, the seizure invaded no rights of Serrano which would entitle him to object to their introduction in evidence. Wong Sun v. United States,…

2Cases cited3 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. McDonald v. United StatesSupreme Court of the United States · 1948
  3. United States v. Lee Wan Nam, A/K/A Hong LeeCourt of Appeals for the Second Circuit · 1960

3Cited by21 opinions

  1. United States v. Daniel Bozza, Charles Mulhearn, Ronald Jones, Michael Pizzo, Salvatore Guarnieri, Anthony Delutro, A/K/A Tony WestCourt of Appeals for the Second Circuit · 1966
  2. United States v. Robert Graham, United States of America v. Grady Lee TuckerCourt of Appeals for the Sixth Circuit · 1968
  3. Aldridge v. StateSupreme Court of Alabama · 1965
  4. Commonwealth v. DirringMassachusetts Supreme Judicial Court · 1968
  5. Williams v. United StatesCourt of Appeals for the Tenth Circuit · 1963

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