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UNITED STATES v. HARRIS

No. 25120.

427 F.2d 1368 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. Lee Marshall HARRIS and Morris Ray Caldwell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 28, 1970.

Attorney(s) appearing for the Case

Richard L. Jaeger (argued), Asst. U. S. Atty., William Matthew Byrne, Jr., U. S. Atty., J. Kent Steele, Asst. U. S. Atty., Robert L Brosio, Chief, Criminal Division, Los Angeles, Cal., for appellant.

Burton Marks, of Marks, Sherman & London, Beverly Hills, Cal., for appellee Caldwell.

Frederic A. Spindell, Hollywood, Cal., for appellee Harris.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

The narcotics were seized in circumstances essentially similar to those in Castillo-Garcia v. United States, 424 F.2d 482 (9th Cir. 1970); accordingly, the order of the district court suppressing the use of such drugs as evidence is

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