Jose Ramirez, Meyer Goodman, Michael Gullon, Bill H. Freeman and Robert E. Miller v. Refugio Gonzalez Lozoya

By reason of the fact that sometime subsequent to arrest a prisoner is physically abused by two of a group of arresting federal officers, is the bloodstream of the administration of justice so infected that the prisoner is entitled to absolution as to an alleged state crime ?

No contention is made that any confession or a single admission was obtained, and we shall override the trial court’s findings only so far as they are without evidence to support them.

On May 29, 1956, in the United States District Court for the Southern District of California the grand jury returned a two count indictment against Refugio Gonzalez Lozoya for violation of the narcotics statutes of the United States. The charge involved (1) transfer of nine and one-half pounds of marihuana without a written order on a form issued by the Secretary of the Treasury and (2) acquiring the same marihuana without having paid the required excise tax thereon.

Lozoya was arrested at the scene of the alleged crimes at Montebello in Los Angeles County on May 17, 1956. He was taken by agents Gullon and Miller to the office of the bureau of narcotics in the post office building in Los Angeles. There he was fingerprinted,…

On Appellee’s Petition for Rehearing

Appellee’s petition for rehearing overlooks the point overlooked in the district court and overlooked by him here in his original brief: there just never was as to Lozoya any illegally obtained evidence. On the record, he has not contended that there was any illegally obtained evidence. Indeed, on the record, he could not make such a contention. There is no authority for suppressing legally obtained evidence — except the decision below. That this court reverses.

And, the petition is denied.

253 F.2d 85 Jose RAMIREZ, Meyer Goodman, Michael Gullon, Bill H. Freeman and Robert E. Miller, Appellants, v. Refugio Gonzalez LOZOYA, Appellee. No. 15468. United States Court of Appeals Ninth Circuit. February 20, 1958. Rehearing Denied March 26, 1958. Laughlin E. Waters, U. S. Atty., Lloyd F. Dunn, Joseph F. Bender, Asst. U. S. Attys., Los Angeles, Cal., for appellants. David C. Marcus, Los Angeles, Cal., for appellee. Before CHAMBERS, BARNES and HAMLEY, Circuit Judges. CHAMBERS, Circuit Judge. 1 By reason of the fact that sometime subsequent to arrest a prisoner is physically abused by two of a group of arresting federal officers, is the bloodstream of the administration of justice so infected that the prisoner is entitled to absolution as to an alleged state crime? 2 No contention is made that any confession or a single admission was obtained, and we shall override the trial court's findings only so far as they are without evidence to support them. 3 On May 29, 1956, in the United States District Court for the Southern District of California the grand jury returned a two count indictment against Refugio Gonzalez Lozoya for violation of the narcotics statutes of the United…