UNITED STATES v. SMITH

No. 85-3178.

802 F.2d 1119 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel J. SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 16, 1986.


Attorney(s) appearing for the Case

John E. Lamp, James R. Shively, Asst. U.S. Atty., Spokane, Wash., for U.S.

Dustin Deissner, Van Camp & Bennion, P.S., Spokane, Wash., for Smith.

Before POOLE, NORRIS, and BEEZER, Circuit Judges.


POOLE, Circuit Judge:

Daniel J. Smith appeals from his conviction for possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1), and unlawful use of a telephone to facilitate a conspiracy, 21 U.S.C. § 843(b). Smith argues that the police lacked probable cause to arrest him, and thus the district court erred in refusing to suppress the evidence seized incident to that arrest. He also contends that the government's conduct in this case constitutes...

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