Carlos Garcia v. United States

This is an appeal in forma pauperis from the conviction of the appellant on count three of a three-count indictment charging him with violations of § 174 of Title 21, United States Code. Count three charged him with knowingly and unlawfully receiving, concealing and facilitating the concealment and transportation of 1.190 grams of heroin, a narcotic drug, which he knew previously had been imported into the United States of America contrary to the provisions of Title 21, United States Code, § 173 . The appellant, having waived jury trial, was tried and convicted by the district court. He received a ten-year sentence, and a recommendation by the court that he be committed to a hospital for treatment for narcotics addiction.

The appellant was arrested in his home, and a search of the house following the arrest discovered the heroin, which was introduced in evidence at his trial. In this appeal he contends that he was arrested without probable cause and that, therefore, the heroin discovered in the search pursuant to the arrest was not admissible in evidence at his trial. If the appellant is correct in his contention that he was arrested without probable cause, it is elementary that…