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U.S. v. MEYER

Nos. 87-1103, 87-1104.

827 F.2d 943 (1987)

UNITED STATES of America, Appellant, v. Robert L. MEYER, Appellee in 87-1103, Wayne R. Meyer, Appellee in 87-1104 (D.C.Crim.Nos. 86-00346-01-02).

United States Court of Appeals, Third Circuit.

Decided September 4, 1987.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., E.D. Pa., Joel M. Friedman, Atty. in Charge, Philadelphia Strike Force, Michael L. Seigel (argued), Sp. Atty., Philadelphia Strike Force, Philadelphia, Pa., for appellant.

A. Charles Peruto, Burton A. Rose (argued), Philadelphia, Pa., for appellee, Robert L. Meyer.

Stephen Robert LaCheen (argued), Anne M. Dixon, Philadelphia, Pa., for appellee, Wayne R. Meyer.

Before GIBBONS, Chief Judge, and WEIS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The United States appeals, pursuant to 18 U.S.C. § 3731 (Supp. III 1985), from an order granting the motions of Robert L. Meyer and Wayne R. Meyer to suppress as evidence 47 wrist watches seized at their place of business in Yardley, Pennsylvania. The trial court held that the incriminating nature of the watches was not immediately apparent, and thus that the plain view doctrine did not justify their seizure...

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