UNITED STATES v. CAROLINE

No. 85-6070.

791 F.2d 197 (1986)

UNITED STATES of America, Appellant, v. James S. CAROLINE.

United States Court of Appeals, District of Columbia Circuit.

Decided May 30, 1986.


Attorney(s) appearing for the Case

Thomas J. Motley, Asst. U.S. Atty., a member of the Bar of the District of Columbia, pro hac vice, by special leave of Court, with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Ronald Dixon, Asst. U.S. Attys., Washington, D.C., were on brief, for appellant.

Melvin M. Dildine, Washington, D.C., appointed by this Court, for appellee.

Before WALD, MIKVA and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The United States appeals from the order of the United States District Court for the District of Columbia suppressing a shotgun that the police found in a leather bag during the course of a warrantless search of an automobile. The District Court held that defendant Caroline's fourth amendment rights had been violated since the police had a duty to obtain a warrant prior to the search,...

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