UNITED STATES v. MITCHELL

No. 84-1396.

783 F.2d 971 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Bennie MITCHELL, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 11, 1986.


Attorney(s) appearing for the Case

James F. Robinson, Asst. U.S. Atty. (William S. Price, U.S. Atty., with him on brief), Oklahoma City, Okl., for plaintiff-appellee.

Mark A. Lapidus, Denver, Colo., for defendant-appellant.

Before SEYMOUR and McWILLIAMS, Circuit Judges, and WINDER, District Judge.


WINDER, District Judge.

The appellant, Bennie Mitchell, was convicted after jury trial of one count of possession of Phencyclidine (PCP) with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The appellant contends that the trial court committed error in not suppressing and excluding evidence allegedly obtained as the result of an illegal search and seizure.

On November 29, 1983 officers from the Oklahoma City Police Department, acting with...

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