UNITED STATES v. JORDAN

No. 76-1360.

557 F.2d 1081 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. J. B. JORDAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 27, 1977.


Attorney(s) appearing for the Case

Burke Mordy, Ardmore, Okl., for defendant-appellant.

Michael P. Carnes, U. S. Atty., Dallas, Tex., Reuben H. Wallace, Jr., Asst. U. S. Atty., Fort Worth, Tex., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.


SIMPSON, Circuit Judge:

The critical question raised on this appeal is the constitutionality of a search of appellant's car by police patrolman Black of the city of Bowie, Texas. The trial court denied a Motion to Suppress the warrantless search and the evidence discovered while it was in progress, a sawed-off shotgun, the unlawful possession of which was the basis of the prosecution. Officer Black testified at the suppression hearing.

On January 30, 1975...

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