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BLEFARE v. UNITED STATES

No. 19825.

362 F.2d 870 (1966)

John Emilio BLEFARE and Donald Michel, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

June 8, 1966.

Attorney(s) appearing for the Case

Carl L. Fabbroni, Richard E. Adams, San Diego, Cal., for appellants.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Sec., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Sec., Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and ELY, Circuit Judges, and POWELL, District Judge.

POWELL, District Judge:

Appellants were convicted of smuggling heroin into the United States from Mexico. They seek reversal of their conviction on the ground that evidence which was admitted at their trial was illegally obtained in violation of their rights under the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States of America.

The trial was by the court without a jury. Motion was made on behalf of Blefare only to suppress the...

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