United States v. Robinson

Mr. Justice Rehnquist delivered the opinion of the Court.

Respondent Robinson was convicted in United States District Court for the District of Columbia of the possession and facilitation of concealment of heroin in violation of 26 U. S. C. § 4704 (a) (1964 ed.), and 21 U. S. C. § 174 (1964 ed.). He was sentenced to concurrent terms of imprisonment for these offenses. On his appeal to the Court of Appeals for the District of Columbia Cir [*220] cuit, that court first remanded the case to the District Court for an evidentiary hearing concerning the scope of the search of respondent’s person which had occurred at the time of his arrest. 145 U. S. App. D. C. 46, 447 F. 2d 1215 (1971). The District Court made findings of fact and conclusions of law adverse to respondent, and he again appealed. This time the Court of Appeals en banc reversed the judgment of conviction, holding that the heroin introduced in evidence against respondent had been obtained as a result of a search which violated the Fourth Amendment to the United States Constitution. 153 U. S. App. D. C. 114, 471 F. 2d 1082 (1972). We granted certiorari, 410 U. S. 982 (1973), and set the case for argument together with Gustafson v. Florida, No. 71-1669, post, p. 260, also decided today.

On April 23, 1968, at approximately 11 p. m., Officer Richard Jenks, a 15-year veteran of the District of Columbia Metropolitan Police Department, observed the respondent driving a 1965 Cadillac near the intersection of 8th and C Streets, N. E., in the District of Columbia. Jenks, as a result of previous investigation following a check of respondent’s operator’s permit four days earlier, determined there was reason to believe that respondent was operating a motor vehicle after the revocation of his operator’s permit. This is an offense defined by statute in the District of Columbia which carries a mandatory minimum jail term, a mandatory minimum fine, or both. D. C. Code Ann. § 40-302 (d) (1967).