UNITED STATES v. SMITH

No. 85-3827.

799 F.2d 704 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Andrew SMITH, Stephen Lawrence Swindell, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 16, 1986.


Attorney(s) appearing for the Case

Harrison T. Slaughter, Orlando, Fla., for Smith.

Robert Leventhal, Orlando, Fla., for Swindell.

Paul Moriarty, Asst. U.S. Atty., Orlando, Fla., Thomas E. Booth, Appellate Section/Criminal Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and TUTTLE, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

The issue in this case is whether the stop of appellants' vehicle was reasonable under the fourth amendment. The district court upheld the stop on the ground that officers had reasonable suspicion that the appellants were smuggling drugs, and denied appellants' motions to suppress. On appeal, the government has abandoned the position that the stop was a valid narcotics stop, and argues instead that the stop was a reasonable investigation of...

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