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UNITED STATES v. McGLYNN

No. 81-1618.

671 F.2d 1140 (1982)

UNITED STATES of America, Appellant, v. Michael John McGLYNN and Kevin John Schantzen, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1982.

Rehearing Denied March 23, 1982.

Attorney(s) appearing for the Case

John M. Lee, Asst. U. S. Atty., Janice M. Symchych, Asst. U. S. Atty., argued, Daniel W. Schermer, Asst. U. S. Atty., D.Minn., Minneapolis, Minn., Dwight L. Pringle, Legal Intern, for appellant.

Scott F. Tilsen, argued, Asst. Federal Defender, D.Minn., Minneapolis, Minn., for appellee Schantzen.

John R. Wylde, argued, Minneapolis, Minn., for appellee McGlynn.

Before LAY, Chief Judge, and HENLEY and ARNOLD, Circuit Judges.

HENLEY, Circuit Judge.

The United States has appealed an order of the United States District Court for the District of Minnesota granting appellee Kevin John Schantzen's motion to suppress evidence taken from his person, and also granting appellee Michael John McGlynn's motion to suppress evidence taken from his person and seized from his automobile pursuant to a search warrant. We reverse and remand.

The essential facts as set forth in the magistrate's report...

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