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UNITED STATES v. LOPEZ-ORTIZ

No. 73-2936.

492 F.2d 109 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Aurelio LOPEZ-ORTIZ, John David Kopp and Danny Ray Poston, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings and Rehearings Denied May 16, 1974.

Rehearing Denied July 5, 1974.

Attorney(s) appearing for the Case

Albert Armendariz, Jr., El Paso, Tex. (Court-appointed), for Lopez-Ortiz.

John L. Fashing, El Paso, Tex., for Kopp.

Emmett Colvin, Jr., Dallas, Tex., Frank Moore, Irving, Tex., for defendants-appellants.

Danny Ray Poston, pro se.

William S. Sessions, U. S. Atty., San Antonio, Tex., Ralph E. Harris, Asst. U. S. Atty., El Paso, Tex., James W. Kerr, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

Rehearings and Rehearings En Banc Denied May 16, 1974.

BELL, Circuit Judge:

The question in this case as to all three defendants, Kopp, Poston and Lopez-Ortiz, arises from their assertion of error in the denial of a motion to suppress approximately 539 pounds of marijuana seized at the time of their arrests. As will be explained, disposition of this issue turns on whether the arrests were supported by probable cause. As to defendant Lopez-Ortiz, there is the...

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