UNITED STATES v. MORRISON

No. 76-1062.

546 F.2d 319 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Brian James MORRISON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 29, 1976.


Attorney(s) appearing for the Case

Robert D. Krause, Asst. U. S. Atty., on the brief, Terry J. Knoepp, U. S. Atty., Howard B. Matloff, Asst. U. S. Atty. (argued), San Diego, Cal., for plaintiff-appellant.

Marc B. Geller (argued), of Hagerstrom & Geller, San Diego, Cal., for defendant-appellee.

Before BROWNING and ANDERSON, Circuit Judges, and PALMIERI, District Judge.


PER CURIAM.

Appellee was charged with possession of marihuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). The court granted appellee's motion to suppress the marihuana in question. The government appeals, asserting that the trial court erroneously disregarded evidence of appellee's actions after the border patrol officers signaled him to stop and, considering this evidence, that the stop was based...

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