UNITED STATES v. SANDLER

No. 79-5314.

625 F.2d 537 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Alan SANDLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted October 7, 1980.


Attorney(s) appearing for the Case

Gene P. Hines, Washington, D.C., for defendant-appellant.

Joel N. Rosenthal, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, RONEY and HATCHETT, Circuit Judges.


Rehearing En Banc Granted October 7, 1980.

HATCHETT, Circuit Judge:

Appellant, Scott Sandler, appeals his conviction of knowingly and intentionally importing into the United States approximately 888 grams of cocaine in violation of 21 U.S.C. § 952(a). Because the customs officer who searched Sandler did not have reasonable suspicion upon which to base his search, the district court should have granted Sandler's motion to suppress. We reverse.

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