Leonard Hall, Jr. v. Warden, Maryland Penitentiary , 313 F.2d 483 ( 1963 )

ALBERT V. BRYAN, Circuit Judge

(dissenting).

With the District Judge I think the confession of the accused was altogether voluntary, free of force or favor. The evidence establishes with equal clarity that he consented to the search of his room. This also in effect was the conclusion of the District Court. The result is that the articles seized in the search were, in my view, admissible in evidence without question upon either State or Federal grounds. In these circumstances Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) obviously is without pertinence, and no resolution need be made of whether or not the decision is retrospective. As reversal is premised on the illegality of the search, I must dissent.

I would affirm on the opinion of the District Court, Hall v. Warden, 201 F. Supp. 639 (1962).