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UNITED STATES v. IMPINK

Nos. 83-5077, 83-5079.

728 F.2d 1228 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Harriet Ann IMPINK, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Richard D. BOLANOS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1984.

Attorney(s) appearing for the Case

Hector E. Salitrero, Asst. U.S. Atty., argued, Peter K. Nunez, U.S. Atty., Hector E. Salitrero, Asst. U.S. Atty., on the brief, San Diego, Cal., for plaintiff-appellee.

Phillip A. DeMassa, John Y. Tremblatt, San Diego, Cal., for defendants-appellants.

Before FLETCHER and NELSON, Circuit Judges, and HARDY, District Judge.

NELSON, Circuit Judge:

Defendants appeal from a conviction to manufacture and possess with intent to distribute a controlled substance. They argue that they were subjected to an improper warrantless search, justified by neither consent nor exigent circumstances. Additionally, they contend that the evidence was insufficient to support the convictions. Persuaded that the initial police entry was improper, we reverse on that ground and do not reach the sufficiency of...

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