United States v. Willie Robinson, Jr. , 447 F.2d 1215 ( 1971 )

MacKINNON, Circuit Judge

(dissenting) :

I see no necessity for a remand and would affirm on the basis of the record below which supports a finding that the narcotics turned up in the process of a lawful search of the person pursuant to a lawful arrest on the highway of Robinson for operating a motor vehicle during the period his operator’s permit was revoked, D.C.Code § 40-302.¹ It is also obvious from the record that the arresting officer had probable cause to believe that the Robinson operating the automobile was not the Robinson described in the motor vehicle operator’s permit which he tendered to the officer and he was therefore authorized to search him for identification evidence such as I.D. cards, credit cards, draft card, handwriting, etc., that might tend to prove his proper identity and that he was the same Robinson whose permit had been revoked. Such evidence is probative on such issues. Vauss v. United States, 125 U.S.App.D.C. 228, 370 F.2d 250 (1966). Such evidence might also be probative as to possible forgery of his operator’s permit under D.C.Code § 22-1401. Cf. Morgan v. United States, 114 U.S.App.D.C. 13, 309 F.2d 234, 236 (1962). Thus I have no difficulty in finding that it was reasonable to make a full search of Robinson for such evidence of identification. Warden Md. Penitentiary v. Hayden, 387 U.S. 294, 301-310, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967).

It is also a violation of the motor vehicle statutes of the District of Columbia for any person, while under the influence of a narcotic drug, to operate any motor vehicle in the District of Columbia, D.C. Code § 40-609. Likewise, it is “unlawful * -x- * f0 transport * * * any contraband article [narcotic drug possessed with intent, etc.], in, upon, or by means of any * * * vehicle” for which, act the motor vehicle may be “seized and forfeited.” 49 U.S.C. §§ 781, 782; One 1960 Oldsmobile Convertible Coupe v. United States, 125 U.S.App.D.C. 305, 371 F.2d 958 (1966); see also, Cooper v. California, 386 U.S. 58, 60, 87 S.Ct. 788, 17 L.Ed.2d 730 (1967). An arrest for operating a motor vehicle under a revoked permit does not require the officer to close his eyes to these other offenses which involve motor vehicles and it would be hard to imagine how any thorough search of Robinson for identification evidence, which was plainly authorized, could have failed to turn up the narcotics which were discovered. I respectfully dissent.

1 . This is a serious offense punishable by a maximum fine of $500 or imprisonment for one year, or both. D.C.Code § 40-302 (1967).