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UNITED STATES v. McGILL

No. 82-3736.

741 F.2d 699 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Charles McGILL, John Hartsel, Patrick Murphy, a/k/a James Murphey and Arthur Desroches, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 30, 1984.

Attorney(s) appearing for the Case

Joel Hirschhorn, Harry M. Solomon, Miami, Fla., Robert Glass, New Orleans, La., for McGill.

Louis Vernell, North Miami Beach, Fla., for Hartsel & Murphy.

Robert N. Habans, Jr., New Orleans, La., for Des Roches.

John P. Volz, U.S. Atty., Howat A. Peters, Jr., Harry W. McSherry, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before TATE, JOLLY and DAVIS, Circuit Judges.

ON PETITIONS FOR REHEARING

PER CURIAM:

We find merit to McGill's argument on application for rehearing that the following statement in our opinion at 736 F.2d 223, 228 represents an erroneous conclusion of law: "Even if the arrest was illegal, McGill voluntarily signed a form consenting to the search. Evidence obtained from an informed and voluntary consent to search is admissible despite an illegal arrest." (citing cases...

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