Glenn Roy Miller v. R. L. Eklund, Etc.

On March 6, 1960, Miller was sentenced, following his conviction by a jury in California Superior Court, on two counts of armed robbery (Calif.Pen.Code § 211). He seeks habeas corpus. The trial court denied the writ without issuing an order to show cause and without a hearing.

I.

Unlawful arrest. Miller says that he was arrested without a warrant and without probable cause. “The arresting officer was basing his probable cause on informer information.” It appears that a preliminary hearing was held, at which he was represented by counsel, that the magistrate found probable cause, and that he was held for trial. Standing alone, these allegations do not support a claim for federal habeas corpus. Fernandez v. Klinger, 9 Cir., 1965, 346 F.2d 210, 211-212 ; Latimer v. Cranor, 9 Cir., 1954, 214 F.2d 926, 928 ; Hampson v. Smith, 9 Cir., 1946, 153 F.2d 417, 418 .

II.

Unlawful search. Miller asserts that the unlawful arrest was followed by an unlawful search of his home. He says that at the preliminary hearing two items of clothing, a brown cap and a gray plaid jacket, “that was taken from the defendant during a secret interrogation” and were the fruits of the unlawful arrest, were…