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UNITED STATES v. KIMAK

No. 79-1765.

624 F.2d 903 (1980)

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

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 21, 1980.

Attorney(s) appearing for the Case

David P. Bancroft, Sideman, Bancroft & Sutton, San Francisco, Cal., for defendant-appellant.

Sanford Svetcov, Chief Asst. U.S. Atty., San Francisco, Cal., argued, for plaintiff-appellee; Nancy Simpson, Asst. U.S. Atty., San Francisco, Cal., on brief.

Before HUG and ALARCON, Circuit Judges, and BLUMENFELD, District Judge.

PER CURIAM:

John Kimak appeals from a judgment of conviction for violation of 21 U.S.C. § 844, based upon his possession of MDA, a Schedule I controlled substance. Appellant's motion to suppress the MDA found in his automobile was denied by the district court following a hearing. The point for reversal pressed by Kimak is that his automobile was subjected to an illegal search and seizure.

The Facts

On August 6, 1979, DEA Agent Robert...

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