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United States v. Webster

United States Court of Appeals, Fourth Circuit
May 18, 1970
426 F.2d 289 (4th Cir. 1970)

Opinion

Nos. 14322, 14324, 14398.

Argued May 7, 1970.

Decided May 18, 1970.

Harold I. Glaser, Baltimore, Md. (Harvey A. Blum, Baltimore, Md., on the brief), for appellants.

J. Frederick Motz, Asst. U.S. Atty. (Stephen H. Sachs, U.S. Atty., on the brief), for appellee.

Before SOBELOFF and CRAVEN, Circuit Judges, and JONES, District Judge.


The only question worthy of consideration is whether the search and seizure violated the fourth amendment, so that the evidence obtained should have been suppressed. The questioned search occurred prior to the effective date of Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). We have previously held Chimel not to be retroactive in application. Porter v. Ashmore, 421 F.2d 1186 (4th Cir. 1970). Whether the search was reasonable is thus to be determined by application of the standards of United States v. Rabinowitz, 339 U.S. 56, 70 S.Ct. 430, 94 L.Ed. 653 (1950). Applying that standard we find no error.

Affirmed.


Summaries of

United States v. Webster

United States Court of Appeals, Fourth Circuit
May 18, 1970
426 F.2d 289 (4th Cir. 1970)
Case details for

United States v. Webster

Case Details

Full title:UNITED STATES of America, Appellee, v. Walter Rodger WEBSTER, Charles…

Court:United States Court of Appeals, Fourth Circuit

Date published: May 18, 1970

Citations

426 F.2d 289 (4th Cir. 1970)

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