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U.S. v. WILLIAMS

No. 91-5084.

974 F.2d 480 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. David Wayne WILLIAMS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1992.

Attorney(s) appearing for the Case

William Graham Otis, Sr. Litigation Counsel, Office of the U.S. Atty., Alexandria, Va., argued (Richard Cullen, U.S. Atty., on brief), for plaintiff-appellant.

Robert Stanley Powell, Powell & Colton, P.C., Alexandria, Va., argued (Linda S. Chapman, on brief), for defendant-appellee.

Before RUSSELL and LUTTIG, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

OPINION

PER CURIAM:

David W. Williams, indicted by a federal grand jury on one count of possession of less than 500 grams of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), moved to suppress evidence seized in a warrant-authorized search of his motel room. The district court found that the affidavit submitted to the magistrate failed to establish probable cause and granted the motion to suppress. The United States filed a timely...

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