Connie Andrew De Phillips v. United States

Appellant was indicted for receiving, concealing and transporting 28.5 grams of heroin in violation of 21 U.S.C.A. § 174 . Upon his trial by the court sitting without a jury, he was found guilty, and sentenced to a term of imprisonment. Upon this appeal his contentions relate solely to the admission in evidence of a quantity of heroin taken from his person by certain state narcotics officers which appellant asserts was illegally obtained by them following an illegal entry into appellant’s dwelling and in the course of an unlawful arrest.

Upon motion to suppress this evidence, made before trial and heard by the Honorable Peirson Hall, Chief Judge of the above named court, testimony was taken and the motion denied, the court reciting: “I therefore hold that the arrest was legal, and that the search was valid and deny the motion.”

At the trial, before the Honorable William M. Byrne, District Judge, evidence concerning the circumstances under which the heroin was taken from the person of appellant was taken and received from both prosecution and defense. In some respects this differed from that received on the motion to dismiss. In general appellant’s counsel was contending, in…