UNITED STATES v. GRIFFITH

No. 75-1441.

537 F.2d 900 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Norman Dean GRIFFITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1976.


Attorney(s) appearing for the Case

Conrad L. Kellenberg, Denise Smith, Law Student, Notre Dame, Ind., for defendant-appellant; Mary Mullaney, Law Student, Notre Dame, Ind., on the brief.

John R. Wilks, U.S. Atty., Fort Wayne, Ind., John S. Leonardo, Asst. U.S. Atty., South Bend, Ind., for plaintiff-appellee.

Before SWYGERT, PELL and TONE, Circuit Judges.


TONE, Circuit Judge.

In this appeal from a conviction for possessing a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, defendant raises a single issue, viz., whether the search of his motel room at the time of his arrest violated his Fourth Amendment rights. We reverse the judgment on the authority of Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23...

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