UNITED STATES v. MILES

No. 71-1106.

449 F.2d 1272 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Eugene MILES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 20, 1971.


Attorney(s) appearing for the Case

Juan C. Burciaga, Albuquerque, N. M., for defendant-appellant.

Mark B. Thompson, III, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Before LEWIS, HILL and DOYLE, Circuit Judges.


HILL, Circuit Judge.

Miles directly appeals the denial by the trial court of his motion to suppress evidence which he contends was the product of an unlawful search and seizure.

Appellant, with his brother-in-law, Burns, was traveling from Ohio to California to obtain employment in California. They stopped for gas at Fort Sumner, New Mexico, but left the station without paying. They were stopped shortly thereafter by two police officers, Rodela and Chavez...

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