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UNITED STATES v. JENSEN

No. 20102.

432 F.2d 861 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. George Jonathan JENSEN, Thomas Stoflet and Ronald Sylva, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

October 5, 1970.

Attorney(s) appearing for the Case

Frederick D. Hess, Dept. of Justice, Washington, D. C., for appellant, James H. Brickley, U. S. Atty., Detroit, Mich., on brief.

William G. Segesta, Detroit, Mich., on brief for appellees.

Before PHILLIPS, Chief Judge, EDWARDS and CELEBREZZE, Circuit Judges.

EDWARDS, Circuit Judge.

This is an appeal by the United States from the grant of appellees' motion to suppress evidence. The United States District Judge who granted the motion held that the affidavit filed by an agent of the Federal Bureau of Narcotics and Dangerous Drugs was insufficient to establish probable cause to believe that a violation of 21 U.S.C. § 331(q) (1) (prohibiting manufacture of hallucinogenic drugs) was being committed. He relied upon the...

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