Arthur Wartson v. United States

Following a jury trial, appellant was convicted of the offense of violating 18 U.S.C. § 2113 (a).

On December 7, 1966, at Los Angeles, California, the 110th and Main Street Branch of the Bank of America, a national bank, a member bank of the Federal Reserve System, and a bank whose deposits were insured by the Federal Deposit Insurance Corporation, was robbed of $1,099.00 by a lone bandit. Included in the amount taken was $100 of marked currency. Within a relatively short time appellant was arrested as the perpetrator of the robbery. He was booked and searched at a Los Angeles police station. Fourteen of the marked bills were found on his person.

During the course of the trial appellant moved to suppress the marked currency on the ground that it was the product of an unlawful search. Following hearing on the motion in the absence of the jury, the Court ruled that appellant’s arrest was based on probable cause and that the subsequent search of appellant was incident to the lawful arrest. The marked currency was later admitted into evidence over the objection of appellant. The sole issue presented on this appeal is stated in appellant’s brief as follows:

The record discloses that…