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UNITED STATES v. FERNANDEZ-GUZMAN

No. 77-1954.

577 F.2d 1093 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Jose L. FERNANDEZ-GUZMAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 23, 1978.

Rehearing Denied June 30, 1978.

Attorney(s) appearing for the Case

Edward J. Calihan, Jr., Chicago, Ill., for defendant-appellant.

John E. Burns, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, and PELL and SPRECHER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 30, 1978.

FAIRCHILD, Chief Judge.

The defendant, Jose Fernandez, was arrested without a warrant on a public street shortly after midnight July 13, 1976, allegedly on probable cause to believe he was committing a federal drug offense. Incidental1 to his arrest, a brown paper bag containing about two kilograms of heroin was seized from the car he had been driving. Since the arrest was made...

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