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UNITED STATES v. FRAZIER

No. 76-1297.

538 F.2d 1322 (1976)

UNITED STATES of America, Appellant, v. John D. FRAZIER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1976.

Rehearing and Rehearing Denied August 27, 1976.

Attorney(s) appearing for the Case

Richard E. Coughlin, Asst. U. S. Atty. (argued), Barry A. Short, U. S. Atty., St. Louis, Mo., on brief, for appellant.

Leonard J. Frankel (argued), Clayton, Mo., on brief, for appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 27, 1976.

STEPHENSON, Circuit Judge.

The sole issue raised in this appeal is whether the district court1 erred in partially sustaining appellee's motion to suppress the introduction into evidence of certain articles obtained by the government as a result of the attachment of a tracking device to appellee's automobile. We conclude that the government's action did not constitute

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