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UNITED STATES v. MALACHESEN

No. 79-1027.

597 F.2d 1232 (1979)

UNITED STATES of America, Appellant, v. John Charles MALACHESEN, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1979.

Rehearing and Rehearing Denied July 25, 1979.

Attorney(s) appearing for the Case

James A. Morrow, Asst. U. S. Atty., Minneapolis, Minn. (argued), for appellant; Andrew W. Danielson, U. S. Atty., and William M. Orth, Legal Intern, Minneapolis, Minn., on brief.

Carol M. Grant of Meshbesher, Singer & Spence, Minneapolis, Minn., for appellee.

Before LAY, BRIGHT and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 25, 1979.

BRIGHT, Circuit Judge.

This interlocutory appeal by the Government, from an order of the district court suppressing the introduction into evidence of a handgun in the prosecution of John Charles Malachesen, presents the following issue: During the course of an otherwise lawful search, may the police constitutionally seize a cocked and loaded handgun for safety considerations? The Government indicted Malachesen...

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