477 F.2d 846 - United States v. Altizer — 477 F.2d 846

How this case has been cited

Cited by 11 later decisions — most recently July 2008

8 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Summary Calendar.*

¶2James A. Robbins, Jr., Rome, Ga. (Court-appointed), for defendant-appellant.

¶3John W. Stokes, Jr., Robert L. Smith, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

¶4Before BELL, GODBOLD and IN-GRAHAM, Circuit Judges.

¶6PER CURIAM:

¶7Appellant attacks the basis of a search warrant. His ground for attack is that the affidavit supporting the warrant was based on information obtained from his purported wife after her arrest without probable cause. He asserts the fruit of the poisonous tree doctrine. The search was of a trailer-home occupied by appellant and his purported wife.1 The district court held that appellant lacked standing to assert in his own defense the defalcation of the officers toward the wife. We agree. See Alderman v. United States (1969) 394 U.S. 165, 174, 89 S.Ct. 961, 22 L.Ed.2d 176, 187; Wong Sun v. United States (1963) 371 U.S. 471, 491-492, 83 S.Ct. 407, 9 L.Ed.2d 441, 458.

¶8The assignments of error based on the alleged illegal arrest of appellant and the search of his automobile are without merit. No product of the arrest was used against appellant in connection with his trial and conviction. The evidence obtained from the search of appel-) lant’s automobile was not improperly admitted. The automobile was not searched at the time of appellant’s illegal arrest, but only upon a search war-, rant which was issued on information also obtained from appellant’s purported wife.

¶9Affirmed.