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UNITED STATES v. CONSTANTINE

No. 77-1604.

567 F.2d 266 (1977)

UNITED STATES of America, Appellant, v. Mark Lewis CONSTANTINE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 14, 1977.

Attorney(s) appearing for the Case

E. Leslie Hoffman, III, Asst. U. S. Atty., Charleston, W. Va. (John A. Field, III, U. S. Atty., Charleston, W. Va., on brief), for appellant.

Roger Turrell, Middletown, Ohio (William L. Redd, Huntington, W. Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

Mark Lewis Constantine was arrested and indicted for possession of cocaine with the intent to distribute it. 21 U.S.C. § 841(a)(1). On March 7, 1977 the District Court granted the defendant's pretrial motion to suppress as evidence against him the cocaine seized by the police officer at the time of the arrest. From this order the Government appeals. 18 U.S.C. § 3731. We reverse, finding the seizure justifiable and the evidence admissible at trial...

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