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UNITED STATES v. MERCHANT

No. 83-1135.

760 F.2d 963 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. David William MERCHANT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 14, 1985.

Attorney(s) appearing for the Case

John F. Penrose, Asst. U.S. Atty., San Francisco, Cal., for plaintiff-appellee.

Christina Arguedas, Penelope M. Cooper, Cooper, Newhouse, Hertz & Lyons, Berkeley, Cal., for defendant-appellant.

Before MERRILL, FLETCHER, and CANBY, Circuit Judges.

FLETCHER, Circuit Judge:

David Merchant appeals his conviction for manufacturing PCP. He challenges the district court's denial of his motion to suppress laboratory equipment and chemical supplies seized by law enforcement officers during a warrantless search ostensibly conducted pursuant to a condition of his state probation. Merchant contends the district court erred in finding that he was on probation at the time of the search. We reverse.

I. BACKGROUND...

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