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UNITED STATES v. FIKE

No. 30466 Summary Calendar.

449 F.2d 191 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Eugene M. FIKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 10, 1972.

Attorney(s) appearing for the Case

Robert S. Hill, III (Court-Appointed), Hill, Robison, Belser, Brewer & Phelps, Montgomery, Ala., for defendant-appellant.

Ira de Ment, U. S. Atty., D. Broward Segrest, David B. Byrne, Jr., Asst. U. S. Attys., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This appeal involves an allegedly unreasonable search of a stolen automobile and the "fruit of the poisonous tree" doctrine.

On October 15, 1969, Eugene Marion Fike, defendant-appellant, accompanied by co-defendants Glen Wayne White and James Lawrence Davis,1 drove a 1967 Pontiac into a used-car lot in Andalusia, Alabama. Fike and Davis went for a test drive in a...

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