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UNITED STATES v. SANDERS

No. 81-5844.

719 F.2d 882 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Lucinda SANDERS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 26, 1983.

Attorney(s) appearing for the Case

Stephen B. Shankman, Memphis, Tenn., for defendant-appellant.

W. Hickman Ewing, Jr., U.S. Atty., Timothy R. DiScenza, Asst. U.S. Atty. (argued), Memphis, Tenn., for plaintiff-appellee.

Before LIVELY, Chief Circuit Judge, KENNEDY, Circuit Judge, and SPIEGEL, District Judge.

SPIEGEL, District Judge.

In this criminal case, defendant Lucinda Sanders appeals her conviction pursuant to 21 U.S.C. § 841(a)(1) for possession of marijuana and cocaine with intent to distribute. She maintains that her conviction rests on evidence obtained through an illegal search of her suitcase by DEA agents. We agree, and therefore reverse the conviction.

The issue is whether the detention of a suspect's luggage for over three hours where the detaining...

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