Robinson v. United States

KERN, Associate Judge:

Appellant was convicted by the trial court sitting without a jury of possession of heroin in violation of D.C.Code 1967, § 33-402, and sentenced to ninety days imprisonment. 1 He contends on appeal that a search by police of his person was unlawful and that the narcotics recovered thereby should not have been received in evidence. We agree.

The police officer who made the seizure and was the Government’s sole witness observed appellant and another man about two o’clock in the morning walking down the street. He had never seen appellant before and had no report of any…