461 F2d 534 United States v. T Ford

461 F.2d 534

UNITED STATES of America, Plaintiff-Appellee,
Booker T. FORD, Defendant-Appellant.

No. 71-2788.

United States Court of Appeals,
Ninth Circuit.

June 6, 1972.

Leslie A. Kast, West Covina, Cal., for defendant-appellant.

Stephen V. Wilson, Eric A. Nobles, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before MERRILL, TRASK, and GOODWIN, Circuit Judges.


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In this appeal from a judgment following conviction for violation of 18 U.S.C. Sec. 472 (attempting to negotiate and possession of a counterfeit federal reserve note), the only issue is whether the spurious twenty-dollar bill was, when found by an arresting officer, the fruit of an unlawful search. We hold that it was not.


The defendant was arrested in the vicinity of a store a few minutes after the storekeeper had called the police to give alarm concerning an attempt to negotiate counterfeit money. The defendant matched the storekeeper's description of the would-be negotiator, and a cruising officer stopped him in response to the alarm. The key exhibit fell out of defendant's clothing during a "pat-down" search for weapons. The arrest was based upon probable cause, and the incidental search was lawful.