United States v. Lewis Edward Jennings

Appellant was found guilty after court trial of unlawfully possessing marijuana in violation of 21 U.S.C. § 844 (a). He appeals from the judgment and sentence entered upon the verdict of guilty. We reverse.

Although three questions are presented for appellate review, only one is determinative of the merits of the appeal. This question is whether probable cause existed to arrest or detain appellant making fingerprints and other evidence taken from him admissible at the trial.

The sole facts before the court are those derived from testimony given before the trial judge on the Motion to Suppress Evidence. He ruled probable cause to arrest existed; we disagree.

On July 4, 1971, special agent Sheppard was cruising in a patrol car in No-gales, Arizona, listening to the Nogales police frequency on his radio. Shortly after midnight he heard that Nogales police officers, responding to a call on Van Burén Street, had seen parties in flight and that one of the officers had found marijuana. As Sheppard headed toward the Van Burén area he saw the defendant-appellant walking near an intersection about two and one-half blocks from the house where marijuana had been found. Appellant was…