UNITED STATES v. BALLARD

No. 77-5572.

573 F.2d 913 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Steven BALLARD, a/k/a James Bishop, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 26, 1978.


Attorney(s) appearing for the Case

Jack Peebles (Court-appointed), New Orleans, La., for defendant-appellant.

John P. Volz, U. S. Atty., Mary W. Cazalas, Albert J. Winters, Jr., Irving J. Warshauer, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before MORGAN and GEE, Circuit Judges, and KING, District Judge.


LEWIS R. MORGAN, Circuit Judge:

Charles Steven Ballard appeals from a conviction pursuant to 18 U.S.C.A. § 841(a)(1) (1976), for possession of heroin with intent to distribute. The sole issue on appeal is whether the evidence seized during a search of defendant's baggage should have been suppressed. We agree with the defendant that the evidence was improperly admitted at trial; therefore, we reverse.

Defendant was arrested following an investigatory stop...

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