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UNITED STATES v. PITTS

No. 77-5406.

588 F.2d 102 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin Douglass PITTS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 16, 1979.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Fed. Public Defender, John R. Martin, Atlanta, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., Jerome J. Froelich, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

The defendant Pitts was convicted of possession of a stolen car. He was stopped and detained under circumstances that possibly would not pass muster under Whiteley v. Warden, 401 U.S. 560, 91 S.Ct. 1031, 28 L.Ed.2d 306 (1971), and U. S. v. Impson, 482 F.2d 197 (5 Cir. 1973). He moved to suppress information secured as fruit...

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