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UNITED STATES v. MITCHELL

No. 71-1868.

458 F.2d 960 (1972)

UNITED STATES of America, Plaintiff-Appellant, v. William Elmer MITCHELL, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 11, 1972.

Attorney(s) appearing for the Case

Eugene A. Lalonde, Asst. U. S. Atty. (argued), Otis L. Packwood, U. S. Atty., Billings, Mont., for plaintiff-appellant.

John L. Adams, Jr. (argued), Billings, Mont., for defendant-appellee.

Before ELY and WRIGHT, Circuit Judges, and POWELL, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Pursuant to 18 U.S.C. § 3731, the United States appeals from an order suppressing evidence. At issue is the admissibility of an automatic pistol found in Mitchell's automobile. The district court suppressed the weapon on the ground that it was obtained in violation of the Fourth Amendment. Finding no unreasonable search or seizure, we reverse.

Mitchell was arrested in Billings, Montana for speeding in the early morning...

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