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UNITED STATES v. PHILLIPS

No. 75-1818. Summary Calendar.

519 F.2d 48 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas L. PHILLIPS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 15, 1975.

Attorney(s) appearing for the Case

John Volz, Federal Public Defender, New Orleans, La., (court appointed not under Act), for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary W. Cazalas, Robert N. Habans, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.

PER CURIAM:

On the morning of October 8, 1974 Gary Najeeb Solomon was driving to New Orleans Academy to attend classes. When an unmarked car behind him began to flash a blue dashboard light, he pulled his car to the side of the road, thinking that the driver of the other vehicle was a policeman. Appellant Thomas L. Phillips then approached Solomon, searched his car and purported to arrest him after finding a marihuana-like substance in the vehicle. Phillips kept Solomon...

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