UNITED STATES v. LITMAN

No. 81-5125.

739 F.2d 137 (1984)

UNITED STATES of America, Appellant, v. Mitchell Bernard LITMAN, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 10, 1984.


Attorney(s) appearing for the Case

James P. Ulwick, Asst. U.S. Atty., Baltimore, Md. (J. Frederick Motz, U.S. Atty., Stephen J. Immelt, Asst. U.S. Atty., Baltimore, Md., on brief), for appellant.

Arthur I. Messinger, Annapolis, Md. (Selig Solomon, Solomon & Messinger, Annapolis, Md., on brief), for appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, sitting en banc.


WIDENER, Circuit Judge:

In January 1981, the defendant Litman was arrested and later indicted for conspiracy to distribute cocaine and possession of cocaine with intent to distribute. The defendant moved to suppress evidence discovered in the search of a shoulderbag that he was carrying when he was arrested. The district court granted the defendant's motion, and the government appeals. We reverse.

On the morning of January 16, 1981, an undercover agent of...

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