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UNITED STATES v. ORDWAY

No. 8634.

329 A.2d 776 (1974)

UNITED STATES, Appellant, v. David J. ORDWAY, Appellee.

District of Columbia Court of Appeals.

Decided December 19, 1974.

Attorney(s) appearing for the Case

Paul N. Murphy, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin and Andrea L. Harnett, Asst. U. S. Attys., were on the brief, for appellant.

Donald A. Kettlestrings, Washington, D. C., for appellee.

Before KELLY FICKLING and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

The government appeals from an order suppressing evidence, a revolver, dropped in plain view of the police by appellee Ordway as he stepped from an automobile at police command. Finding that appellee was lawfully ordered to exit from the vehicle, we reverse.

The record reveals the following undisputed facts. Scooter patrolmen stopped a car for a red light violation. It was driven by one Van Winkle and appellee Ordway was a passenger...

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