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UNITED STATES v. VAN DYKE

No. 79-5101.

643 F.2d 992 (1981)

UNITED STATES of America, Appellee, v. Larry G. VAN DYKE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 26, 1981.

Rehearing Denied April 28, 1981.

Attorney(s) appearing for the Case

J. Flowers Mark, Alexandria, Va. (Barry Wolf, Mark & Moffitt, Alexandria, Va., Frank Mika, Meisnere & Mika, Washington, D.C., on brief), for appellant.

Catherine C. Blake, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., Kurt L. Schmoke, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

BUTZNER, Circuit Judge:

Larry G. Van Dyke appeals his conviction under 21 U.S.C. § 841 and 18 U.S.C. § 2 for possession of marijuana with intent to distribute. Van Dyke claims that evidence seized pursuant to his warrantless arrest should have been suppressed because probable cause for his arrest was obtained through violation of the fourth amendment. We reverse and remand for new trial.

I

Van Dyke was arrested outside a residence in rural...

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