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UNITED STATES v. MACKEY

No. 79-1586.

626 F.2d 684 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Osborne MACKEY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 18, 1980.

Attorney(s) appearing for the Case

Robert L. Corbin, Los Angeles, Cal., for defendant-appellant.

Frederick A. Jacobsen, Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE and TANG, Circuit Judges, and HANSON, District Judge.

WALLACE, Circuit Judge:

Mackey was convicted of aiding and abetting the commission of an armed bank robbery pursuant to 18 U.S.C. § 2113. He asserts that the district court erred in refusing to suppress evidence obtained in the search of the automobile which Mackey drove away from the scene of the robbery. Specifically, he contends that (1) the warrantless search of the automobile at the scene of his apprehension was not justified by the "automobile exception...

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