Robert Eugene Smith v. United States

Appellant was convicted of robbing an FBI agent of property belonging to the United States in violation of 18 U.S.C. § 2112 . He appeals from his conviction.

The arresting officer was also the victim of the robbery. Prior to arresting appellant he had confronted him on the street, suspected him of being the robber, secured his address, gone there, talked to the lessee of the premises with whom appellant was staying (learning from him that appellant had shown him an FBI badge with the explanation that he had “rolled an FBI man”), and observed some of appellant’s effects (some of which were later seized in a search following appellant’s arrest).

Two problems are presented:

1. The admissibility of testimony by the arresting officer as to certain articles seen among appellant’s effects prior to his arrest.

The fact that these articles themselves were suppressed as having been seized in a colorable violation of the McNabb Rule does not render the officer’s testimony similarly tainted. His observations, to which he testified, occurred before arrest and before seizure of the articles.

The officer’s testimony respecting a knife was subsequently stricken. This apparently was in…