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CORNGOLD v. UNITED STATES

No. 19613.

367 F.2d 1 (1966)

Melvin CORNGOLD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 29, 1966.

Attorney(s) appearing for the Case

Jess Whitehill, Fred Okrand, Los Angeles, Cal., for appellant.

Manuel L. Real, U. S. Atty., John K. Van de Kamp, Asst. U. S. Atty., Chief, Crim. Div., J. Brin Schulman, Asst. U. S. Atty., Asst. Chief, Crim. Div., John A. Mitchell, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BARNES, HAMLEY, JERTBERG, MERRILL, KOELSCH, BROWNING, DUNIWAY and ELY, Circuit Judges.

BROWNING, Circuit Judge:

Melvin Corngold was convicted of receiving and concealing smuggled watches in violation of 18 U.S.C.A. § 545, and of conspiring to commit that offense in violation of 18 U.S.C.A. § 371. He appeals, contending that evidence introduced against him was obtained in violation of the Fourth Amendment. We reverse.

Customs agents saw appellant carrying packages into his apartment house. They detected the presence of radioactive material...

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