UNITED STATES v. ROSSELLI

No. 73-1671.

506 F.2d 627 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel Patrick ROSSELLI, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 4, 1974.


Attorney(s) appearing for the Case

James R. Thompson, U. S. Atty., Gary L. Starkman and Royal B. Martin, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellant.

Arthur J. O'Donnell, Chicago, Ill., for defendant-appellee.

Before FAIRCHILD, CUMMINGS and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

The government asks us to overturn a finding that the warrantless, forcible entry into defendant's apartment was not justified by the officers' belief that the defendant was about to destroy a large quantity of marijuana that had been delivered to him about an hour earlier. Although we disagree with the district judge insofar as he found no probable cause to believe that defendant was in possession of contraband, we cannot say that his refusal...

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