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UNITED STATES v. SHIPSTEAD

Nos. 25721, 25722.

433 F.2d 368 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Larry D. SHIPSTEAD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Edward McCOLLOUGH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 22, 1970.

Attorney(s) appearing for the Case

Billy L. Williamson (argued), North-western School of Law, Lewis & Clark College, Portland, Or., for appellant Larry D. Shipstead.

Gerald R. Pullen (argued), Portland, Or., for Edward McCollough.

Jack C. Wong (argued), Asst. U. S. Atty., Sidney I. Lezak, U. S. Atty., Portland, Or., for defendant-appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.

THOMPSON, District Judge:

On July 31, 1969, a Special Agent of the Bureau of Narcotics obtained a search warrant from a United States Commissioner in Portland, Oregon, and on that day, as authorized by the warrant, searched the residence, garage and curtilage at 5116 S.W. First Avenue, Portland. The search was for "Methamphetamine which is being manufactured in violation of 21 U.S.C. 331(q) (1)."

At the time of the search, defendants Shipstead and McCollough...

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