UNITED STATES v. CANDELARIA

No. 81-1767.

704 F.2d 1129 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. David R. CANDELARIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1983.


Attorney(s) appearing for the Case

Sally Gustafson, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Allen R. Bentley, Seattle, Wash., for defendant-appellant.

Before BROWNING, TUTTLE, and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

On May 24, 1981, David R. Candelaria entered a telephone booth at Fort Lewis, Washington, dialed the 911 emergency number, and said, "There is a bomb threat at Madigan Club, okay." When he emerged, he was arrested by military police who were conducting surveillance of the booth because of a pattern of such calls from that number. Since he was not a member of the military, Candelaria was released within the hour and advised that subsequent...

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