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UNITED STATES v. PAYNE

No. 25070.

429 F.2d 169 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Robert PAYNE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 2, 1970.

Attorney(s) appearing for the Case

Leonard C. Hoar, Jr. (argued) Fresno, Cal., for defendant-appellant.

Richard v. Bougler (argued), Asst. U. S. Atty., John P. Hyland, U. S. Atty., Fresno, Cal., for plaintiff-appellee.

Before HAMLEY and DUNIWAY, Circuit Judges, and WILLIAMS, District Judge.

DAVID W. WILLIAMS, District Judge:

Appellant asks reversal of his conviction by a jury on charges of possession of a dangerous drug and encouraging and furnishing a minor with said drug. He claims that the trial court erred in refusing to suppress evidence that was discovered after a warrantless search of a nearby automobile. We agree.

Richard Payne, age 18, traveled with his 17 year old girl friend, Andria, and another young couple, Brian and Mary, from Alameda...

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