People v. Smith

The defendant Ulister Smith’s principal argument on appeal concerns the admissibility in evidence of certain items seized by the police in alleged contravention of his Fourth Amendment rights. The trial judge ruled that the items were admissible because the defendant’s attorney failed to make a timely pretrial motion to suppress and also because he concluded on the merits that the search of the defendant’s apartment was a valid search.

At 11 p.m., November 24, 1965, a police officer was shot as he attempted to pursue an apparent thief. His partner chased the unidentified man but did not…