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UNITED STATES v. KRALIK

No. 78-1908.

611 F.2d 343 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. John Douglas KRALIK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 19, 1979.

Attorney(s) appearing for the Case

Jackie N. Williams, Asst. U. S. Atty., Wichita, Kan. (James P. Buchele, U. S. Atty., Topeka, Kan., with her on the brief), for plaintiff-appellee.

Leonard D. Munker, Wichita, Kan. (Charles D. Anderson, Asst. Federal Public Defender, Wichita, Kan., with him on the brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This search and seizure case pertains to a search of a container within a container. The officers had a valid search warrant which said that a sawed off shotgun was concealed in a described automobile. Upon opening the trunk of the automobile the officers discovered an unlocked suitcase which contained a sawed off shotgun. Defendant-appellant Kralik claims that the suitcase was his and should not have been searched without a second warrant...

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