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U.S. v. DICKEY-BEY

No. 04-4265.

393 F.3d 449 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Maurice Norman DICKEY-BEY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2004.

Attorney(s) appearing for the Case

ARGUED: James Thomas Wallner, Special Assistant United States Attorney, Office Of The United States Attorney, Baltimore, Maryland, for Appellant. Kenneth Wendell Ravenell, Schulman, Treem, Kaminkow & Gilden, P.A., Baltimore, Maryland, for Appellee. ON BRIEF: Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellant.

Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG and Senior Judge HAMILTON joined.

OPINION

NIEMEYER, Circuit Judge:

Police arrested Maurice Dickey-Bey without a warrant after Dickey-Bey picked up a sealed package at Mail Boxes Etc. in Towson, Maryland, and exited from the store. Police knew before Dickey-Bey retrieved the package that it contained two kilograms of cocaine. Following the arrest, officers...

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