UNITED STATES v. DART

No. 84-5050.

747 F.2d 263 (1984)

UNITED STATES of America, Appellee, v. Leland Earl DART, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 1, 1984.


Attorney(s) appearing for the Case

Michael S. Scofield, Charlotte, N.C. (Lisa G. Caddell; Wardlow, Knox, Knox, Freeman & Scofield, Charlotte, N.C., on brief), for appellant.

Harry L. Hobgood, Asst. U.S. Atty., Greensboro, N.C. (Kenneth W. McAllister, U.S. Atty., Greensboro, N.C., on brief), for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Leland Earl Dart appeals from the district court's denial of his motion to suppress the seizure of unregistered automatic weapons discovered during a search of a mini-warehouse facility in Greensboro, North Carolina. Because we believe that the search was constitutionally defective, we reverse the decision of the district court.

I.

In September of 1982, Dart signed a lease for the rental of storage Unit 69 at Colonial Self Storage...

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