UNITED STATES v. ELLIS

No. 76-1658.

547 F.2d 863 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. David ELLIS and William P. Gaskamp, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Modified on Rehearing Granted April 15, 1977.


Attorney(s) appearing for the Case

Leo A. Thomas, Pensacola, Fla. (court appointed), for defendants-appellants.

Clinton Ashmore, Asst. U. S. Atty., Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before TUTTLE, CLARK and RONEY, Circuit Judges.


CLARK, Circuit Judge:

Consent to search a motor vehicle while on board a Naval Air Station was validly obtained through issuance, acceptance and display of a visitor's pass. The marijuana disclosed by a warrantless search made pursuant to this consent was legally obtained. No hearsay objection barred the introduction of the declaration of a coconspirator which did not affect the objecting defendant. The court had the prerogative to make and strictly enforce a deadline...

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