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UNITED STATES v. DOWLING

No. 5351.

271 A.2d 406 (1970)

UNITED STATES, Appellant, v. Melvin DOWLING, Appellee.

District of Columbia Court of Appeals.

Decided December 3, 1970.

Attorney(s) appearing for the Case

Warren L. Miller, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Daniel J. Bernstein, Asst. U. S. Attys., were on the brief, for appellant.

William J. Garber, Washington, D. C., with whom Meredith C. Coffman, Washington, D. C., was on the brief, for appellee.

Before HOOD, Chief Judge, and KELLY and KERN, Associate Judges.

KELLY, Associate Judge:

This is an appeal by the Government from the grant of appellee's pretrial motion to suppress.1 We reverse.

Officer Randy L. Lehmann, the sole witness on the motion, testified that on March 21, 1970 he and his partner, working in plain clothes, were cruising in an unmarked car in the Northwest section of the District of Columbia when they were waived to the curb by an elderly man who was known to them only...

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