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UNITED STATES v. ROBINSON

No. 75-3727.

536 F.2d 1298 (1976)

UNITED STATES of America, Appellee, v. Steven Linwood ROBINSON, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied October 26, 1976.

Attorney(s) appearing for the Case

David M. Ochoa, Asst. Federal Public Defender (argued), Phoenix, Ariz., for appellant.

Ron Jennings, Asst. U. S. Atty. (argued), Phoenix, Ariz., for appellees.

Before HUFSTEDLER and CHOY, Circuit Judges, and SMITH, District Judge.

Rehearing and Rehearing En Banc Denied October 26, 1976.

OPINION

HUFSTEDLER, Circuit Judge:

This appeal presents the question: Can founded suspicion, unlike probable cause, be based solely on the receipt by the stopping officer of a radio dispatch to stop the described vehicle, without any proof of the factual foundation for the relayed message? We hold that it cannot.

Robinson appeals from his...

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