UNITED STATES v. PETERSEN

No. 72-2123.

473 F.2d 874 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. Jared Rex PETERSEN et al., Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

January 18, 1973.


Attorney(s) appearing for the Case

Ann Bowen, Asst. U. S. Atty. (argued), James E. Mueller, Asst. U. S. Atty., William C. Smitherman, U. S. Atty., Tucson, Ariz., for plaintiff-appellant.

Fredric F. Kay, Asst. Federal Public Defender (argued), Tom Karas, Federal Public Defender, Tucson, Ariz., Robert B. Norgren (argued), Tucson, Ariz., Paul W. Colarich (argued), of Laber, Lovallo &. Colarich, Tucson, Ariz., for defendant-appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and CONTI, District Judge.


DUNIWAY, Circuit Judge:

The United States appeals from an order granting appellees' motion to suppress nine pounds of marijuana seized from them.1 That seizure was the basis of an indictment charging them with illegally importing and possessing marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 952 (a). We affirm.

In its briefs, the government argued that there was probable cause for the search...

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