Kenneth Edward Hopper v. United States

Kenneth Edward Hopper appeals from his conviction on four counts of a five-count indictment charging violation of the narcotics laws. The only question presented on appeal is whether it was error to receive in evidence the narcotics and certain marked currency seized at the time of appellant’s arrest. Appellant contends that this evidence was seized as the result of an unlawful arrest and search.

The facts essential to a consideration of this question are as follows: During the early afternoon of March 25, 1958, Hopper met Lawrence Younger, a narcotic addict and the informer in this case, on a Seattle street. They went to a room in the Atlas Hotel. Hopper told Younger that he had five ounces of narcotics for sale at three hundred dollars an ounce. Younger told Hopper that if it was any good he would buy an ounce.

Hopper then gave Younger two capsules of narcotics as samples, which Younger personally used. Younger advised Hopper that it would take a few hours to raise the money to buy an ounce. Hopper then asked Younger to help him sell the other four ounces of narcotics. Younger told Hopper to wait at Hopper’s hotel until Younger called him later that day.

At approximately 5:00…