James L. Cognetta, and Richard L. Booton v. United States

Appellants were convicted of concealing marihuana in violation of the provisions of 21 U.S.C. § 176a. A timely appeal was made to this court. We have jurisdiction under the provisions of 28 U.S.C. § 1291 .

The record shows that on December 13, 1960, warrants of arrest were issued on the basis of a Commissioner’s complaint charging appellants with a bank robbery alleged to have been committed on July 7, 1960. On the night of December 13, 1960, agents of the Federal Bureau of Investigation approached the residence located at 12655 Martha Street, North Hollywood, California, for the purpose of making the arrests. Agent Alexander and other agents approached the front door of the house. Pursuant to Alexander’s orders and according to plan some of the agents went to the side of the house and others approached the rear of the house. Agent Alexander knocked on the front door and rang the doorbell. Almost simultaneously the door was opened from the inside by one Rene Gloor, a guest of the appellants. Immediately behind him was appellant Cognetta. Alexander identified himself, saying, “We are agents of the FBI and we have warrants of arrest for Cognetta and Booton.” Alexander and other…