EDDIE PEARL CLAYTON, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that the heroin was lawfully seized, and the conviction stands.
Appellant was convicted of heroin possession, sale, and conspiracy. He argued the heroin was seized illegally after a warrantless search of an air exp…
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PER CURIAM:
Appellant was convicted on two substantive counts (possession and sale) of heroin, and one count of conspiracy to conceal and sell heroin. 21 U.S.C. § 174.
Appellant first urges that Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, (1969), is controlling. We hold it is not, by its express terms. Id. at 45, 89 S.Ct. 1553 n. 92. Thus, Yee Hem v. United States, 268 U.S. 178, 45 S.Ct. 470, 69 L.Ed. 904 (1925), still controls.
Appellant next suggests the heroin was seized after a warrantless and hence illegal search and seizure of his air express shipment — either (a) by the employees of the airline, or (b) Los Angeles police officers, or (c) by both of them, or (d) by Chicago officers.
This heroin was clearly discovered as a result of a private search which was, hence, not unlawful. Gold v. United States, 378 F. 2d 588, 591 (9th Cir. 1967).
The subsequent acts of the police did not constitute a search. Wolf Low v. United States, 391 F. 2d 61, 63 (9th Cir. 1968).
The exigencies of time and the possible removal of the contraband to another state created an emergency — an “exigent circumstance.” United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653 (1950); Boyden v. United States, 363 F. 2d 551, 554 (9th Cir. 1966).
The facts of this case are not like Corngold v. United States, 367 F. 2d 1 (9th Cir. 1966), but are closely parallel to United States v. Spencer, No. 22,623 (9th Cir., filed May 27, 1969).
We affirm.
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Cited By (12 total)
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State v. Bookout, 281 So. 2d 215 (Fla. 4th DCA 1973)
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United States v. Pryba, 502 F.2d 391 (D.C. Cir. 1974)
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United States v. Echols, 477 F.2d 37 (8th Cir. 1973)
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Leary v. United States, 395 U.S. 6 (U.S. 1969)
- United States v. Rabinowitz, 339 U.S. 56 (U.S. 1950)
- Yee Hem v. The United States, 268 U.S. 178 (U.S. 1925)
- Corngold v. United States, 367 F.2d 1 (9th Cir. 1966)
- Gold v. United States, 378 F.2d 588 (9th Cir. 1967)
- Wolf LOW v. United States, 391 F.2d 61 (9th Cir. 1968)
- Boyden v. United States, 363 F.2d 551 (9th Cir. 1966)