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U.S. v. SHOWALTER

No. 88-1123.

858 F.2d 149 (1988)

UNITED STATES of America, Appellant, v. John SHOWALTER.

United States Court of Appeals, Third Circuit.

Decided October 5, 1988.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Joseph M. Miller (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellant.

John J. Duffy (argued), Joseph P. Green, Jr., Duffy & Green, West Chester, Pa., for appellee.

Before STAPLETON, and MANSMANN, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

CLARKSON S. FISHER, District Judge:

This is an appeal from the district court's order suppressing certain evidence as illegally obtained under the Fourth Amendment. Specifically, the United States appeals from the court's conclusion that the presence of Pennsylvania State Police and Drug Enforcement Agency officers was impermissible under an order issued to the United States Marshals permitting them to conduct an inventory search incident...

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