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UNITED STATES v. BELLINA

No. 81-5084.

665 F.2d 1335 (1981)

UNITED STATES of America, Appellant, v. Matthew BELLINA, Daniel David Hochroth, and Anthony Di Benedetto, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 21, 1981.

Rehearing Denied February 4, 1982.

Attorney(s) appearing for the Case

Lionel S. Lofton, Asst. U. S. Atty., Charleston, S. C. (Henry Dargan McMaster, U. S. Atty., Columbia, S. C., Cameron B. Littlejohn, Jr., Asst. U. S. Atty., Columbia, S. C., on brief) for appellant.

Thomas C. Manning, Raleigh, N. C. (Cheshire & Manning, Raleigh, N. C., on brief), Jeffrey S. Weiner, Miami, Fla. (Geoffrey C. Fleck, Weiner, Robbins, Tunkey & Ross, P.A., Miami, Fla., G. Dan Bowling, Goodstein, Bowling, Douglas & Philips, Charleston Heights, S. C., on brief), for appellees.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and PHILLIPS, Circuit Judge.

DONALD RUSSELL, Circuit Judge:

This is an appeal from a suppression order by the district court invalidating on constitutional grounds an airplane search. The facts are set forth in the testimony at the suppression hearing of the officers involved in the search: About one o'clock on the morning of December 3, 1980, a Piper Navajo airplane, FAA Registration N3527Q, landed at the Charleston (South Carolina) public airport and taxied to a point near the offices of Hawthorne...

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