La Von Hurst v. United States

This is an appeal by La Von Hurst from his conviction on two counts of possession of narcotics in violation of 21 U.S.C. § 174 and 26 U.S.C. § 4704 (a). We affirm.

Appellant first contends that the District Court erred in denying his motion to suppress evidence which was the product of an allegedly unlawful arrest. The facts of appellant’s arrest are as follows: On September 10, 1968, Seattle police officers were alerted by police broadcast to pick up two men in a 1964 Pontiac convertible. A warrant had been issued for the arrest of one of the men, Bobby Roy Bush. Officers apprehended the car and, as they did not know which man was Bush, they arrested both Bush and his companion, appellant. The officers in the course of the arrest patted down appellant and, finding a pistol and ammunition, arrested him for carrying a concealed weapon. After taking him to the police station, an officer removed his hat and, discovering a rubber condom containing heroin, arrested him for possession of narcotics.

We need not decide the validity of the initial arrest of appellant. We consider that the officers lawfully arrested Bush. In the process of that arrest, they had a right to pat down…