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UNITED STATES v. KROLL

No. 73-1058.

481 F.2d 884 (1973)

UNITED STATES of America, Appellant, v. Gerald Frank KROLL, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1973.

Attorney(s) appearing for the Case

Sheryle L. Randol, Asst. U. S. Atty., Kansas City, Mo., for appellant.

Joseph J. Mulvilhill, Kansas City, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge, and TALBOT SMITH, Senior District Judge.

HEANEY, Circuit Judge.

At issue in this case is the validity of a warrantless search of an attache case which the defendant was about to carry aboard a commercial airliner. The search, conducted by a United States Marshal,1 turned up a small quantity of an amphetamine, and the defendant was charged with possession of a controlled substance in violation of 21 U.S.C. § 844(a).

The District Court, 351 F.Supp...

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