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UNITED STATES v. MENKE

No. 72-1319.

468 F.2d 20 (1972)

UNITED STATES of America, Appellant, v. Timothy W. MENKE.

United States Court of Appeals, Third Circuit.

Decided October 4, 1972.

Attorney(s) appearing for the Case

Jay C. Waldman, Asst. U. S. Atty., Pittsburgh, Pa., for appellant; Richard L. Thornburgh, U. S. Atty., Kathleen Kelly Curtin, Asst. U. S. Atty., Pittsburgh, Pa., on the brief.

Warren R. Keck, Jr., Voorhies, Dilley, Keck, Rowley & Wallace, Greenville, Pa., for appellee.

Before KALODNER, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by the government from a district court order, 339 F.Supp. 1023, suppressing evidence of the seizure of a supply of marihuana presents the question whether the trial court erred in either or both of its conclusions that there was neither a consensual search nor probable cause for a warrantless search of an automobile. We hold that the court erred in each of its...

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