Richard Donald Costello v. United States

ORR, Circuit Judge.

Appellant Costello was allegedly engaged in the narcotics “racket” in Alaska. He was arrested, tried before a jury and found guilty. He now challenges the validity of the judgment of conviction on the ground that he was subjected to an illegal search and seizure during which two packets of marijuana cigarettes were seized and later introduced into evidence. One of the packages was taken from his person at the time of his arrest and the other was thrown by appellant to the floor of his small public office during the process of the arrest.

The two main contentions with which…