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United States v. Rundle

United States Court of Appeals, Third Circuit
Jun 9, 1972
461 F.2d 758 (3d Cir. 1972)

Summary

In United States ex rel. Hollman v. Rundle, 461 F.2d 758 (3rd Cir. 1972), the Court allowed the use of photographs taken while appellant was under detention.

Summary of this case from State v. Inman

Opinion

No. 71-1824.

Submitted May 22, 1972 Under Third Circuit Rule 12(6).

Decided June 9, 1972.

John D. Cole, Defender Assn. of Philadelphia, Philadelphia, Pa., for appellant.

James D. Crawford, Deputy Dist. Atty., Philadelphia, Pa., for appellee.

Appeal from the United States District Court for the Eastern District of Pennsylvania.

Before STALEY, ALDISERT, and HUNTER, Circuit Judges.


OPINION OF THE COURT


Appellant was found guilty in the criminal courts of Philadelphia County and sentenced on a charge of aggravated robbery. He appealed to the Superior Court of Pennsylvania, which affirmed the conviction in a per curiam opinion. Commonwealth v. Hollman, 216 Pa. Super. 834, 266 A.2d 491 (1970). The Pennsylvania Supreme Court denied his petition for allowance of appeal on August 20, 1970, No. 128-A Mis. Docket 18. Appellant filed a habeas petition in the Eastern District of Pennsylvania, which was denied, 329 F. Supp. 1052. This appeal followed.

Initially, appellant contends that a pretrial photographic identification was unconstitutionally admitted into evidence at trial as it was obtained as the result of an allegedly illegal arrest and detention. He argues that the police, without probable cause, took him into custody, and thereupon photographed him in violation of the Fourth and Fourteenth Amendments.

We agree with the District Court that the police did in fact have probable cause to arrest. Our examination of the record reveals that a sufficiently detailed description of the suspects was broadcast over the police radio. Appellant was seen one night later near the scene of the crime, fit one of the descriptions perfectly, and was in the company of a man closely fitting the second description. Under the circumstances the police had probable cause to arrest and the subsequent photographic identification was not therefore the product of an illegal search and seizure. Cf. Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969).

Here the description of the suspects included race, height, weight, color of hair, type of hair styling, as well as the precise color of clothing — dark blue and camel hair. Cf. Commonwealth v. Berrios, 437 Pa. 338, 263 A.2d 342 (1970).

Citing our opinion in United States v. Zeiler, 427 F.2d 1305 (3d Cir., 1970), appellant contends that the photographic identification in the absence of counsel was a denial of his Sixth and Fourteenth Amendment rights. This argument is precluded by our recent decision in United States ex rel. Reed v. Anderson, 461 F.2d 739 (3d Cir., 1972). Further, our review of the identification procedure at issue convinces us that it did not give rise to a "very substantial likelihood of irreparable misidentification." Simmons v. United States, 390 U.S. 377, 384, 88 S.Ct. 967, 971, 19 L.Ed.2d 1247 (1968).

The order of the District Court will be affirmed.


Summaries of

United States v. Rundle

United States Court of Appeals, Third Circuit
Jun 9, 1972
461 F.2d 758 (3d Cir. 1972)

In United States ex rel. Hollman v. Rundle, 461 F.2d 758 (3rd Cir. 1972), the Court allowed the use of photographs taken while appellant was under detention.

Summary of this case from State v. Inman
Case details for

United States v. Rundle

Case Details

Full title:UNITED STATES OF AMERICA EX REL. THOMAS HOLLMAN H-8567, APPELLANT, v…

Court:United States Court of Appeals, Third Circuit

Date published: Jun 9, 1972

Citations

461 F.2d 758 (3d Cir. 1972)

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