U.S. Court of Appeals for the Fifth Circuit, 1966

Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida
U.S. Court of Appeals for the Fifth Circuit · Decided July 8, 1966 · Tuttle, Brown, Coleman
363 F.2d 28; 1966 U.S. App. LEXIS 5550 (Federal Reporter, Second Series)

Mike Romanello v. Louis L. Wainwright, Director, Division of Corrections, State of Florida

Opinion

PER CURIAM.

The principal contention in this habeas corpus appeal is that the search which produced the fruits of a robbery that had just occurred in the neighborhood was illegal. 'We conclude that the search was incident to a lawful arrest, and it was, therefore, legal. With respect to the contention that there had been an illegal detention before appellant was taken before a committing magistrate, it is noted that no facts were alleged in the petition that would warrant the trial court’s holding a hearing on the question of voluntariness of the statement made by him to the police officers. Thus, there is no basis for a holding that appellant was deprived of any constitutional right as a result of such detention.

The judgment is affirmed.

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