UNITED STATES v. JENNINGS

No. 72-1480.

468 F.2d 111 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Edward JENNINGS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 4, 1972.


Attorney(s) appearing for the Case

Larry L. Debus (argued), of Debus & Busby, Phoenix, Ariz., for defendant-appellant.

Ann Bowen, Asst. U. S. Atty. (argued), Patricia A. Whitehead, David S. Hoffman, Asst. U. S. Attys., William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellee.

Before BARNES and BROWNING, Circuit Judges, and WOLLENBERG, District Judge.


WOLLENBERG, District Judge.

Appellant was found guilty after court trial of unlawfully possessing marijuana in violation of 21 U.S.C. § 844(a). He appeals from the judgment and sentence entered upon the verdict of guilty. We reverse.

Although three questions are presented for appellate review, only one is determinative of the merits of the appeal. This question is whether probable cause existed to arrest or detain appellant making fingerprints and other...

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