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UNITED STATES v. HARVEY

Nos. 82-1298, 82-1321.

701 F.2d 800 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Mary Mae HARVEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Wallace CHASE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 15, 1983.

Rehearing and Rehearing Denied July 22, 1983.

Attorney(s) appearing for the Case

David Taylor Shannon, Asst. Federal Public Defender, Phoenix, Ariz., for Harvey.

Thomas Schoppert, New Town, N.D., for Chase.

Robert Zimmerman, Asst. U.S. Atty., Billings, Mont., for plaintiff-appellee.

Before TRASK, ANDERSON, and CANBY, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 22, 1983.

J. BLAINE ANDERSON, Circuit Judge:

In this consolidated appeal, Harvey and Chase contest their convictions for involuntary manslaughter. Both convictions arose from alcohol-related highway accidents on Indian reservations. Each appeal presents the primary and common issue of whether the results of blood alcohol tests should have been suppressed when neither defendant was formally arrested at the time the...

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