United States v. Peterson

U.S. Court of Appeals for the Ninth Circuit March 9, 1972

United States v. Peterson, 455 F.2d 519 (9th Cir. 1972)

Opinion of the Court

PER CURIAM:

In these heroin (narcotics) cases, the main points raised by the defendants concern the separate searches.

We find in each ease enough evidence to justify the searches.

There was no force used on defendant Lowery.

We conclude under United States v. Caldera, 421 F.2d 152, 153 (9 Cir., 1970), that the force used on Peterson and Minor was justifiable, and that Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183 (1952), does not require reversal.

Affirmed.

Reference

Full Case Name: UNITED STATES of America, and v. Henry Samuel PETERSON, Appellant UNITED STATES of America, and v. Anglee MINOR, Appellant UNITED STATES of America, and v. Thomas Milton LOWERY
Status: Published