UNITED STATES v. PLACE

No. 1312, Docket 81-1034.

660 F.2d 44 (1981)

UNITED STATES of America, Appellee, v. Raymond J. PLACE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 16, 1981.

As Amended October 8, 1981.


Attorney(s) appearing for the Case

James D. Clark, Durham, N. C. (Spears, Barnes, Baker & Hoof, Durham, N. C., of counsel), for defendant-appellant.

Gregory J. Wallance, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., E. D. N. Y., John B. Latella, Jr., Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellee.

Before KAUFMAN, MANSFIELD and OAKES, Circuit Judges.


MANSFIELD, Circuit Judge:

The pivotal question raised by this appeal is whether a warrantless government seizure of a person's effects for a substantial period of time upon reasonable suspicion but without probable cause violates his Fourth Amendment rights. We hold that it does.

Raymond J. Place appeals from a judgment of conviction for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), entered in the Eastern District...

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