Opinion

Christmas v. United States

  • 314 A.2d 473
  • 1974 D.C. App. LEXIS 354
Court
District of Columbia Court of Appeals
Filed
Feb 1, 1974
Status
Published
Author
Yeagley
On the bench
Reilly, Yeagley
Cited by
10 cases
Authority
More cited than 8.7%

finding seizure illegal absent probable cause to believe medicine vial contained contraband or endangered officer’s safety at the time of the initial intrusion

How later courts described this case

  • finding seizure illegal absent probable cause to believe medicine vial contained contraband or endangered officer’s safety at the time of the initial intrusion
  • sight of medicine vial with prescription label does not constitute probable cause; no evidence that officer had narcotics experience

Written by the judges who cited it.

The opinion

YEAGLEY, Associate Judge

(concurring) :

I concur in the opinion of the court insofar as it finds no “plain view” basis for the seizure of the medicine vial from appellant’s auto. I have some difficulty, however, in finding circumstances present here to justify the initial intrusion into the car. The clear right of the officers to make a spot check justified them in asking the appellant to produce his driver’s permit and car registration, 1 which the officer said was done promptly. Those papers bejng in order, the earlier furtive movements of the passenger below the seat and the presence of a hole in the front door latch do not, in my view, provide the ingredients needed to make a search of the car reasonable lacking a prior custodial arrest. Watts v. United States, D.C.App., 297 A.2d 790 (1972), and authorities cited therein.

. See Palmore v. United States, D.C.App., 290 A.2d 573, 583 (1972), aff’d on other grounds, 411 U.S. 389 , 93 S.Ct. 1670 , 36 L.Ed.2d 342 (1973).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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