UNITED STATES v. MAZZELLI

No. 78-2280.

595 F.2d 1157 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Carlo J. MAZZELLI and Michael J. Conway, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied July 10, 1979.


Attorney(s) appearing for the Case

Eric J. Swenson, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellant.

Thomas H. Steel, San Francisco, Cal., for defendants-appellees.

Before MERRILL and CHOY, Circuit Judges, and BONSAL, District Judge.


Rehearing and Rehearing En Banc Denied July 10, 1979.

MERRILL, Circuit Judge:

The sole issue presented by this appeal is whether Conway's Fourth Amendment rights were violated by the search of a suitcase in the possession of a codefendant, and the seizure of cocaine found in it, so as to give Conway standing to move to suppress the cocaine as evidence.

On March 1, 1978, law enforcement officers in San Francisco were notified by officers in Miami, Florida...

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