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UNITED STATES v. McINTYRE

No. 71-1035.

442 F.2d 1339 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Bailey McINTYRE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 4, 1971.

Attorney(s) appearing for the Case

John Kirby, Andrew A. Smith, Atlanta, Ga., for appellant.

John W. Stokes, Jr., U. S. Atty., Robert L. Smith, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before GEWIN, BELL, and MORGAN, Circuit Judges.

PER CURIAM:

One issue presented on this appeal from a conviction of passing stolen goods moving in interstate commerce, 18 USCA, § 659, is that evidence obtained as a result of a search following an arrest should have been suppressed on the ground that the requisite probable cause was lacking. The district court held to the contrary and we agree. Bailey v. United States, 5 Cir., 1967, 386 F.2d 1.

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