United States v. Anthony Odel Martinez

Anthony Odel Martinez appeals from his conviction, after a non jury trial, of possessing 120,000 barbiturate capsules and 30,000 amphetamine capsules for sale, in violation of 21 U.S.C. § 331 (q) (3).

The sole issue before us is whether the trial court erred in denying defendant’s pre-trial motion to suppress the capsules as evidence, and in permitting the capsules to be introduced in evidence at the trial.

Defendant argues that the seizure of the capsules in defendant’s motel room was made under circumstances which required a search warrant, but none was obtained. A warrant was required, defendant contends, because the officers could have arrested defendant as he approached his motel room, but, as a pretext for searching his room incident to an arrest, or to seize contraband in plain sight, waited until he unlocked his door and entered the room.

The rule which defendant thus invokes is that where an arresting officer deliberately delays making the arrest in order to allow the arrestee to enter the premises which the officer desires to search, the arrest is considered a mere pretext to search, and such an arrest does not authorize a search of the premises incident to the…