United States v. Booker T. Ford

461 F.2d 534, 1972 U.S. App. LEXIS 9192

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 6, 1972
• Docket: 71-2788
• Status: Published

Opinion

PER CURIAM:

In this appeal from a judgment following conviction for violation of 18 U.S.C. § 472 (attempting to negotiate and possession of a counterfeit federal reserve note), the only issue is whether the spurious twenty-dollar bill was, when found by an arresting officer, the fruit of an unlawful search. We hold that it was not.

The defendant was arrested in the vicinity of a store a few minutes after the storekeeper had called the police to give alarm concerning an attempt to negotiate counterfeit money. The defendant matched the storekeeper’s description of the would-be negotiator, and a cruising officer stopped him in response to the alarm. The key exhibit fell out of defendant’s clothing during a “pat-down” search for weapons. The arrest was based upon probable cause, and the incidental search was lawful.

Affirmed.