UNITED STATES v. DAVIS

No. 71-2993.

482 F.2d 893 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Charles DAVIS aka Marcus Anderson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 29, 1973.


Attorney(s) appearing for the Case

John Keker, Asst. Federal Public Defender (argued), James F. Hewitt, Federal Public Defender, Earle Partington, Asst. Federal Public Defender, San Francisco, Cal., for defendant-appellant.

James L. Hazard, Asst. U. S. Atty. (argued), James L. Browning, U. S. Atty., F. Steele Langford, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before KOELSCH, BROWNING, and GOODWIN, Circuit Judges.


OPINION

BROWNING, Circuit Judge:

Appellant was convicted of attempting to board an aircraft while carrying a concealed weapon (49 U.S.C. § 1472(l)). The conviction was based upon the discovery of a loaded revolver in appellant's briefcase by a Trans World Airlines employee during a search of the carry-on luggage of boarding passengers. Appellant's motion to suppress was denied on the grounds that he "impliedly consented" to the search and that...

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