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UNITED STATES v. McCARTHY

Nos. 81-746, 81-747.

448 A.2d 267 (1982)

UNITED STATES of America, Appellant, v. Dorothy A. McCARTHY, a/k/a Olivia Reid, Appellee. UNITED STATES of America, Appellant, v. Milton ALSTON, Appellee.

District of Columbia Court of Appeals.

Decided July 21, 1982.

As Amended September 3, 1982.

Attorney(s) appearing for the Case

Alan D. Strasser, Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, and John A. Terry, Michael W. Farrell, and Leonard E. Birdsong, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellant.

Melvin A. Marshall, Washington, D. C., for appellee McCarthy.

Daniel J. Slattery, Washington, D. C., for appellee Alston.

Before NEWMAN, Chief Judge, and MACK and FERREN, Associate Judges.

FERREN, Associate Judge:

The trial court granted appellees' motion to suppress statements and tangible evidence on the ground that a warrantless seizure of marijuana and a gun from the passenger compartment of an automobile violated their Fourth Amendment rights. We conclude that the court erred in granting the motion because it relied on only one of several relevant factors for its determination that the police officers lacked probable cause. Accordingly, we reverse...

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