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UNITED STATES v. CARTER

No. 73-2179.

498 F.2d 83 (1974)

UNITED STATES of America, Appellant, v. Willis W. CARTER.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1974.

Attorney(s) appearing for the Case

Harry R. Benner, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Warren L. Miller, Asst. U. S. Attys., were on the brief, for appellant. Harold H. Titus, Jr., U. S. Atty. at the time the record was filed and James W. Diehm, Asst. U. S. Atty., also entered appearances for appellant.

William J. Garber, Washington, D. C. (appointed by this Court) for appellee.

Before McGOWAN and TAMM, Circuit Judges, and EDWARDS, United States Circuit Judge for the Sixth Circuit.

PER CURIAM:

This is an appeal by the United States from an order of the district court granting appellee's motion to suppress certain evidence seized from him at the time of his arrest. The question for review is whether probable cause existed for the arrest and incident search of appellee.

Both arresting officers testified at the suppression hearing and related the circumstances of appellee's arrest as follows. On the day of the arrest Officer Jenkins received...

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