Connie Andrew De Phillips v. United States

After the argument and submission of this case, this court on September 18, 1961, filed its opinion in which it held without merit the appellant’s contention that the evidence in the trial court was such as to compel a ruling that certain evidence had been taken from the appellant by state narcotics officers by procedures which were in violation of appellant’s constitutional rights.

However, in view of the suggestion that the trial court in refusing to suppress such evidence may have been relying upon the so-called “silver platter doctrine” we continued the appeal for the purpose of permitting the trial court to make known by certificate the grounds for its ruling admitting the evidence claimed to have been illegally obtained.

The trial judge has now made a certificate disclosing that his ruling permitting the introduction of the evidence and refusing to strike the same was based upon the evidence relating to the arrest of the defendant, and the subsequent search and seizure, and his finding that the evidence clearly showed that the arrest was a valid one and that the search and seizure which followed was not illegal.

The statement made in our former opinion that the evidence…