UNITED STATES v. CRUMPLER

No. 74-2193.

507 F.2d 624 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth M. CRUMPLER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 29, 1975.


Attorney(s) appearing for the Case

Anthony J. P. Farris, U. S. Atty., Charles F. Sandoval, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellant.

Thomas G. Sharpe, Jr., Brownsville, Tex., for defendant-appellee.

Before RIVES, GODBOLD and GEE, Circuit Judges.


PER CURIAM:

The government appeals from an order suppressing as evidence contraband arms, seized by police officers who had entered defendant's premises without a warrant. The government asserts that the entry was valid because the officers suspected that a burglary of the premises was in progress, and that the subsequent seizure was valid under the plain view doctrine or the doctrine of exigent circumstances. The District Judge assumed, without deciding, that the...

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