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UNITED STATES v. CLARK

No. 75-1887.

531 F.2d 928 (1976)

UNITED STATES of America, Appellant, v. James E. CLARK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 17, 1976.

Attorney(s) appearing for the Case

Robert L. Sikma, Asst. U. S. Atty., Sioux City, Iowa, for appellant; Evan L. Hultman, U. S. Atty. and Robert L. Sikma, Asst. U. S. Atty., Sioux City, Iowa, on the brief.

Bradford F. Kollars, Sioux City, Iowa, for appellee; H. A. McQueen and Bradford F. Kollars, Sioux City, Iowa, on the brief.

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

The central issue raised in this appeal is whether the district court1 erred in sustaining appellee's motion to suppress the introduction into evidence of a semiautomatic pistol which was allegedly obtained as the result of an illegal search and seizure. We conclude that the search and seizure committed in the instant case was unreasonable. Accordingly, we affirm.

On December 19, 1974, at approximately...

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