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UNITED STATES v. CIOVACCO

No. 74-1430.

518 F.2d 29 (1975)

UNITED STATES of America, Appellant, v. Henry CIOVACCO and John Stanton, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided June 10, 1975.

Attorney(s) appearing for the Case

Lawrence P. Cohen, Asst. U. S. Atty., Deputy Chief, Crim. Div., with whom James N. Gabriel, U. S. Atty., Boston, Mass., was on brief, for appellant.

Martin S. Cosgrove, Quincy, Mass., for Henry Ciovacco.

Mitchell Benjoya, Charles L. Field, and Zisson & Benjoya, Boston, Mass., for John Stanton.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

On the afternoon of July 25, 1973, Agents Kelley and Handcox of the Bureau of Narcotics and Dangerous Drugs were stationed at Marshfield Airport awaiting the possible arrival of a certain private plane registered to defendant Ciovacco, a commercial airline pilot, which they suspected might contain contraband. The plane landed and Ciovacco climbed out and set about securing it. Meanwhile Officer Teague of the local police arrived to assist the...

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