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UNITED STATES v. MYERS

No. 75-2014.

538 F.2d 424 (1976)

UNITED STATES of America v. Clyde W. MYERS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1976.

Rehearing Denied August 19, 1976.

Attorney(s) appearing for the Case

John Perazich, Washington, D. C. (appointed by this court), for appellant.

William J. O'Malley, Jr., Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Carolyn R. Kleiman, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before TAMM and LEVENTHAL, Circuit Judges and CHRISTENSEN, United States Senior District Judge for the District of Utah.

Opinion for the Court filed by Circuit Judge TAMM.

Dissenting opinion filed by Circuit Judge LEVENTHAL.

TAMM, Circuit Judge:

In this action, defendant-appellant Clyde W. Myers challenges the trial court's denial of his motion to suppress evidence derived from an informer's tip to the police. The issue presented on appeal is whether the police had probable cause, based on the unidentified informer's tip, and their own independent investigation, to arrest...

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