UNITED STATES v. MEYER

No. 80-5649.

656 F.2d 979 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Elton Orville MEYER and Walter McMahon, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

September 21, 1981.


Attorney(s) appearing for the Case

Stephen B. Gillman, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellant.

Stephen Rosen, Paul Morris, Miami, Fla., for Meyer.

Angus M. Stephens, Coral Gables, Fla., for McMahon.

Before RONEY, VANCE and RANDALL, Circuit Judges.


RONEY, Circuit Judge:

Federal drug enforcement agents, searching a Miami apartment, seized cocaine hidden in a bathroom cabinet. Defendants, who were in the apartment at the time as guests of the tenant, were indicted for violating federal narcotics laws in connection with the cocaine. The issue on appeal is whether defendants had a legitimate expectation of privacy in the area where the cocaine was seized, entitling them to challenge the legality of the search and...

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