Mark Brian Price v. Peter J. Pitchess, Sheriff of Los Angeles County, State of California

This is an appeal from the district court’s denial of appellant’s petition for a writ of habeas corpus and from the court’s denial of appellant’s motion for reconsideration.

On November 19, 1969, appellant allegedly sold an hallucinogenic drug, LSD, to a Utah undercover officer. Based on this information and information obtained from a confidential informant, police officers. obtained a warrant to search appellant’s residence. Evidence seized during the search furnished the basis for a complaint charging appellant with possession of narcotics for sale.

On January 15, 1970, before the City Court of Layton, Davis County, Utah, appellant successfully moved to suppress the evidence seized in the search of his residence. The court dismissed the case on the County Attorney’s motion, there being no evidence against appellant other than that which was suppressed. Appellant apparently left Utah that same day.

On January 26, 1970, the complaint presently challenged, charging appellant with unlawful sale of hallucinogenic drugs on November 19, 1969, was issued, and an arrest warrant was obtained. Utah authorities contacted the FBI on March 18, 1970, and requested their assistance in…