Page:Brief for the United States, Wong Sun v. United States, 371 U.S. 471 (1963).djvu/42

. The officer was acting lawfully in pursuing Toy in order that the arrest would not be frustrated.

C. PROBABLE CAUSE FOR THE ARREST OF PETITIONER WONG SUN WAS FURNISHED BY THE COMBINED, CONSISTENT STATEMENTS OF YEE AND PETITIONER TOY

1. Petitioners suggest (Pet. Supp. Br. 14) that the arrest of Wong Sun was unlawful because the officers relied upon narcotics obtained from and statements made by Yee at the time of Yee's arrest, claiming that the arrest of Yee was itself unlawful. The point has no merit.

No question was raised at the trial as to the lawfulness of the arrest of Yee per se and it is too late to raise one now. Nor is there any question as to the way in which the officers obtained the narcotics from Yee. Petitioners' suggestion that the agent's testimony that Yee "surrendered" the narcotics is "conclusionary" (Supp. Br. 14) is refuted by the record. On cross-examination, Agent Nickoloff was asked, "And you made a search of his premises, Johnny Yee's home or premises?". The officer replied, "No, I didn't actually make a search. He surrendered the