Jack Rose v. United States

This appeal is taken from judgment of conviction of the violation of federal narcotics laws ( 21 U.S.C. § 174 ; 26 U.S.C. § 4704 (a)) following trial without a jury before the district court of the Western District of Washington, Northern Division.

Appellant asserts error in the refusal of the district court to suppress as evidence a container of narcotics. Appellant contends that this evidence was secured as the result of an unlawful search and seizure, since no search warrant had been secured and there was no probable cause for the arrest incident to which the search was made.

In our judgment, there was probable cause for the arrest and it was not error to refuse to suppress the tendered evidence.

The arrest took place August 4, 1961, in the Seattle hotel room of one Logan, an informer and special employee of the Bureau of Narcotics. He had summoned two federal narcotics agents to his room with the information that appellant had advised that he would shortly deliver narcotics to that room. Logan was handcuffed and seated against a wall. The room, including a closet, was thoroughly searched and no narcotics were found. When appellant appeared, he was seized by the agents.…