Robert Edgar Channel v. United States

Robert Edgar Channel appeals from a judgment convicting him under counts one, three and five of an indictment charging violations of the Narcotic Drugs Import and Export Act of 1956, 21 U.S.C.A. § 174 . He contends here that the trial court erred in denying his motion under rule 41(e) (1), Federal Rules of Criminal Procedure, 18 U.S. C.A., to suppress certain evidence allegedly obtained as the result of an illegal search and seizure.

A package containing twenty-three grains of heroin found in Channel’s apartment during’ a search without warrant was received in evidence over objection. This evidence is the subject matter of count five of the indictment charging him with possession of this quantity-narcotic drugs. It is also part of the subject matter of count one charging him and one George Washington Searls III with conspiring to receive, conceal and sell narcotic drugs, including the twenty-three grains referred to above. While these twenty-three grains are not directly involved in count three, Channel contends that under the circumstances the reception of this evidence also prejudiced him with regard to that count. of

Agents of the Federal Bureau of Narcotics placed Channel…