U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Bernard Joseph Labowitz

U.S. Court of Appeals for the Ninth Circuit · Decided August 31, 1970 · Merrill, Duniway, Powell

430 F.2d 1308; 1970 U.S. App. LEXIS 7516 (Federal Reporter, Second Series)

Counsel

James N. Penrod (argued), Penrod & Himelstein, San Francisco, Cal., for defendant-appellant., Robert L. Meyer, U. S. Atty., David B. Fox (argued), Asst. U. S. Atty., David R. Nissen, Chief, Crim. Div., Los An-geles, Cal., for plaintiff-appellee.

Cases that cite this one

1 later published case cites this decision.

E.J. Wilson, Dearest Davis, and Cassandra Linder, Plaintiffs v. Roland Attaway (11th Cir. 1985)

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Opinion

PER CURIAM:

Appellant was convicted after trial by the court for interstate transportation of forged securities. 18 U.S.C. § 2314.

While the warrant for arrest had issued on an affidavit that had incorrectly referred to the securities as stolen (rather than forged), the arresting officer, on the basis of information supplied by the Los Angeles office of the FBI, had knowledge of the true facts and of appellant’s involvement with the securities. This was sufficient to constitute probable cause to believe appellant guilty of the crime charged. The arrest was proper under Ferganchick v. United States, 374 F.2d 559 (9th Cir. 1967). The handwriting exemplars obtained were thus admissible. The evidence was sufficient to support conviction.

Judgment affirmed.

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