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Scotti v. United States

United States Court of Appeals, Fifth Circuit
Feb 25, 1952
193 F.2d 644 (5th Cir. 1952)

Opinion

No. 13520.

January 4, 1952. Rehearing Denied February 25, 1952.

Philip A. Schraub, Corpus Christi, Tex., for appellant.

K.M. Nolen, Asst. U.S. Atty., Brian S. Odem, U.S. Atty., John C. Snodgrass, Asst. U.S. Atty., all of Houston, Tex., for appellee.

Before HOLMES, BORAH, and STRUM, Circuit Judges.


The appellant was charged with the unlawful acquisition of marihuana in violation of Section 2593(a), Title 26 of the United States Code. He waived a trial by jury, and moved to suppress the evidence obtained by officers of the City of Corpus Christi, Texas. The court below first thought that the defendant had consented to the search, but finally concluded that the search, though not voluntary, was made by state officers, acting solely as agents of the state and not in cooperation with federal officers. The court further found that there was no showing that federal officers had any prior knowledge of this arrest or seizure, or any understanding or agreement with reference to the same; and no showing that there was any irregularity in any other arrest or seizure.

Conceding, without deciding, that this search was invalid under federal law, we find no merit in this appeal, because the city officers, in making the search, were acting solely under state law. Texas laws prohibit the traffic in marihuana, the violation of which is a felony, and the minimum penalty for which is two years imprisonment. The judgment appealed from is affirmed. The pertinent authorities, with an able analysis of them, are contained in the opinion of the learned district judge, 102 F. Supp. 747.

Affirmed.


Summaries of

Scotti v. United States

United States Court of Appeals, Fifth Circuit
Feb 25, 1952
193 F.2d 644 (5th Cir. 1952)
Case details for

Scotti v. United States

Case Details

Full title:SCOTTI v. UNITED STATES

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 25, 1952

Citations

193 F.2d 644 (5th Cir. 1952)

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