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Earnest T. Page v. United States

Earnest T. PAGE, Appellant, v. UNITED STATES of America, Appellee

Page v. United States, 437 F.2d 440 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
March 16, 1971
Docket
No. 25755
Judges
Barnes, Koelsch, Per Curiam, Wright
Citations
437 F.2d 440

Opinion — Per Curiam

PER CURIAM:

Earnest T. Page was convicted in 1965 of six violations of the federal narcotics laws. He appealed, challenging the admission into evidence of narcotics seized at the time of his arrest. He asserted that the warrant for his arrest was invalid and, in addition, that the search incident thereto was unreasonable in scope. This court affirmed, holding that, since the narcotics were material solely to two of the six counts, it was unnecessary to determine the issues. Page v. United States, 356 F.2d 337 (9th Cir. 1966).

Page filed the present application under 28 U.S.C. § 2255 , again challenging the validity of his arrest and of the search. This time, however, he urged that the trial court consider the illegally seized evidence in fixing sentence. See Verdugo v. United States, 402 F.2d 599 (9th Cir. 1968). The district court denied relief, finding that the arrest and search were valid. We agree.

But even if the warrant was invalid the arrest was not, for the agent himself had probable cause to believe Page had committed a violation of the narcotic laws 1

and thus, aside from the warrant, could make a valid arrest and search incident thereto. 26 U.S.C. 7607(2) 1964; Ray v. United States, 412 F.2d 1052 (9th Cir. 1969); Rocha v. United States, 387 F.2d 1019 (9th Cir. 1967); Bell v. United States, 371 F.2d 35 (9th Cir. 1967)

2

; United States v. Hall, 348 F.2d 837 (2d Cir. 1965).

Page’s second claim, concerning the scope of the search, rests on Chimel v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969), but that decision is not retroactive, and this search under the pre-existing rule was not unreasonable. Williams v. United States, 418 F.2d 159 (9th Cir. 1969); and see United States v. Bellinger, 422 F.2d 723 (9th Cir. 1970).

Petitioner’s final contention that he was without effective assistance of counsel on the motion to suppress is likewise without merit.

Affirmed.

1

. The narcotic agent testified that on the day of the arrest he negotiated a sale of heroin from Page to himself.

2

. The arrest warrant in Bell was issued under circumstances almost identical to those in the present case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 11972: 11975: 119712026peak 1971 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

DepthCaseCited by
Chimel v. California, 395 U.S. 752 (1969) 5,226
Bell v. United States, 371 F.2d 35 (9th Cir. 1967) 10
Verdugo v. United States, 402 F.2d 599 (9th Cir. 1968) 138
Williams v. United States, 418 F.2d 159 (9th Cir. 1969) 92
United States v. Hall, 348 F.2d 837 (2d Cir. 1965) 43
Rocha v. United States, 387 F.2d 1019 (9th Cir. 1968) 40
United States v. Xavier De La Cruz Bellinger, United States of Am. v. Jacqueline Cynthia Holley, 422 F.2d 723 (9th Cir. 1970) 31
Ray v. United States, 412 F.2d 1052 (9th Cir. 1969) 19
Page v. United States, 356 F.2d 337 (9th Cir. 1966) 15

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