United States v. Harold Bailey McIntyre

442 F.2d 1339, 1971 U.S. App. LEXIS 9813

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 4, 1971
• Docket: 71-1035
• Status: Published

Opinion

PER CURIAM:

One issue presented on this appeal from a conviction of passing stolen goods moving in interstate commerce, 18 USCA, § 659, is that evidence obtained as a result of a search following an arrest should have been suppressed on the ground that the requisite probable cause was lacking. The district court held to the contrary and we agree. Bailey v. United States, 5 Cir., 1967, 386 F.2d 1.

The other issue rests on a claimed violation of Miranda v. Arizona, 1966, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. This claim is without any merit whatever.

Affirmed.