UNITED STATES v. HOMBURG

No. 75-3769.

546 F.2d 1350 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Phillip HOMBURG, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 31, 1977.


Attorney(s) appearing for the Case

Frank T. Vecchione (argued), of Federal Defenders of San Diego, Inc., San Diego, Cal., for defendant-appellant.

Terry J. Knoepp, U. S. Atty., Robert D. Krause, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellee.

Before ELY and TRASK, Circuit Judges, and VAN PELT, District Judge.


TRASK, Circuit Judge:

Charles Phillip Homburg appeals his conviction for possession of heroin with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and possession of cocaine in violation of 21 U.S.C. § 844. All issues presented on appeal revolve around the central question of the constitutionality of a search of appellant's suitcase.

On September 16, 1975, appellant passed through security inspection at Western Airlines Gate One at San...

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