State v. Folkes

CROCKETT, Justice:

Defendant Willie Folkes appeals from a conviction by a jury of the crime of unlawful possession of a controlled substance (heroin) with intent to distribute it for value. 1 In seeking reversal, he contends that he was convicted because of unlawfully obtained evidence in that (1), the surveillance by the police, which resulted in his warrantless arrest, was an unconstitutional invasion of his privacy; and (2), that the search and seizure of a bottle containing capsules of heroin was not justified as being incident to his arrest.

On May 26,1974, at approximately 2:00 a. m.…