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UNITED STATES v. PRAZAK

No. 73-2295.

500 F.2d 1216 (1974)

UNITED STATES of America, Plaintiff-Appellant, v. David Michael PRAZAK, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

July 11, 1974.

Attorney(s) appearing for the Case

Donald F. Shanahan, Asst. U. S. Atty., (argued), San Diego, Cal., for plaintiff-appellant.

Kendall M. Squires (argued, San Diego, Cal., for defendant-appellee.

Before MERRILL and TRASK, Circuit Judges, and GRAY, District Judge.

OPINION

MERRILL, Circuit Judge:

The United States appeals from an order of the District Court granting appellee's motion to suppress evidence consisting of certain zip guns obtained from appellee's car.

Appellee had been stopped by two California highway patrol officers who tested him for drunken driving and then arrested him. Pursuant to highway patrol regulations, they gave appellee the choice of having his car impounded or parked and secured....

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