Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

Fifth Circuit

Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

363 F.2d 28, 1966 U.S. App. LEXIS 5550

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 8, 1966

Docket23300_1

StatusPublished

This text of 363 F.2d 28 (Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida, 363 F.2d 28, 1966 U.S. App. LEXIS 5550 (5th Cir. 1966).

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Opinion

PER CURIAM.

The principal contention in this habeas corpus appeal is that the search which produced the fruits of a robbery that had just occurred in the neighborhood was illegal. 'We conclude that the search was incident to a lawful arrest, and it was, therefore, legal. With respect to the contention that there had been an illegal detention before appellant was taken before a committing magistrate, it is noted that no facts were alleged in the petition that would warrant the trial court’s holding a hearing on the question of voluntariness of the statement made by him to the police officers. Thus, there is no basis for a holding that appellant was deprived of any constitutional right as a result of such detention.

The judgment is affirmed.

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PER CURIAM.

The principal contention in this habeas corpus appeal is that the search which produced the fruits of a robbery that had just occurred in the neighborhood was illegal. 'We conclude that the search was incident to a lawful arrest, and it was, therefore, legal. With respect to the contention that there had been an illegal detention before appellant was taken before a committing magistrate, it is noted that no facts were alleged in the petition that would warrant the trial court’s holding a hearing on the question of voluntariness of the statement made by him to the police officers. Thus, there is no basis for a holding that appellant was deprived of any constitutional right as a result of such detention.

The judgment is affirmed.

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363 F.2d 28, 1966 U.S. App. LEXIS 5550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mike-romanello-v-louis-l-wainwright-director-division-of-corrections-ca5-1966.