UNITED STATES v. O'CONNOR

No. 80-1487.

658 F.2d 688 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Edward O'CONNOR and Charles Cary Davis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1981.

Rehearing Denied December 17, 1981.


Attorney(s) appearing for the Case

Alan R. Freedman, Asst. U. S. Atty., Las Vegas, Nev., for plaintiff-appellant.

Paul J. Schofield, Louis Wiener, Las Vegas, Nev., argued, for defendants-appellants; William R. Pritchard, Las Vegas, Nev., on brief.

Before SKOPIL and BOOCHEVER, Circuit Judges, and TAYLOR, Senior District Judge.


BOOCHEVER, Circuit Judge:

On April 23, 1980, Michael O'Connor and Charles Davis were indicted for possession with intent to distribute fifty-four ounces of cocaine. They filed motions to suppress the cocaine contending that it had been illegally seized from Davis. Following an evidentiary hearing, the district court granted the motion to suppress finding that government agents lacked probable cause to seize a briefcase in which the cocaine was found. The government...

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