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UNITED STATES v. GALLOP

No. 78-1663.

606 F.2d 836 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Gary Lewis GALLOP, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 22, 1979.

Attorney(s) appearing for the Case

James C. Waldo, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellant.

Irwin H. Schwartz, Federal Public Defender, Seattle, Wash., for defendant-appellee.

Before WRIGHT and GOODWIN, Circuit Judges, and WILLIAMS, District Judge.

GOODWIN, Circuit Judge:

The government appeals an order suppressing certain stolen money orders upon the motion of Gary Lewis Gallop. After an earlier remand from this court, the district court held a hearing and found that Gallop had reasonably appeared to police officers to be "incapacitated by alcohol" within the meaning of Wash.Rev.Code Ann. § 70.-96A.120(2), and thus was properly detained under that noncriminal, protective custody statute.

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