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WALDER V. UNITED STATES, 347 U. S. 62 (1954)

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U.S. Supreme Court

Walder v. United States, 347 U.S. 62 (1954)

Walder v. United States

No. 121

Argued November 30, 1953

Decided February 1, 1954

347 U.S. 62


Because heroin had been obtained from petitioner through unlawful search and seizure, its use in evidence was suppressed on petitioner's motion, and an indictment against him for its possession was dismissed on the Government's motion. In his subsequent trial for other illicit transactions in narcotics, petitioner testified on direct examination that he had never purchased, sold or possessed any narcotics. In order to impeach this testimony, the Government introduced the testimony of an officer who had participated in the unlawful search and seizure of the heroin involved in the earlier proceeding and the chemist who had analyzed it.

Held: Petitioner's assertion on direct examination that he had never possessed any narcotics opened the door, solely for the purpose of attacking petitioner's credibility, to evidence of the heroin unlawfully seized in connection with the earlier proceeding. Weeks v. United States, 232 U. S. 383, and Agnello v. United States, 269 U. S. 20, distinguished. Pp. 274 U. S. 62-66.

201 F.2d 715, affirmed.

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