United States v. Bernice Merritt

KALODNER, Circuit Judge.

Following a jury trial, defendant Bernice Merritt, was found guilty and sentenced 1 for violation of the narcotic law. 2

She prosecutes this appeal on the ground that the evidence which established her guilt — possession of heroin — was obtained in an illegal search and seizure and that the District Court had erred in denying her motion to suppress the evidence, duly made prior to trial.

Critical to our disposition of this appeal are these facts:

On February 24, 1960, Federal Narcotics Agent Dillworth applied to a United States Commissioner for the issuance of a search…