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HEMSLEY v. U.S.

No. 86-1733.

547 A.2d 132 (1988)

Anthony R. HEMSLEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 18, 1988.

Attorney(s) appearing for the Case

Robert H. Haas, Baltimore, Md., for appellant.

Saul M. Pilchen, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty. at the time the briefs were filed, and Michael W. Farrell, Elizabeth Trosman, and Julieanne Himelstein, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before MACK and FERREN, Associate Judges, and REILLY, Senior Judge.

FERREN, Associate Judge:

At a bench trial, the court found appellant Anthony R. Hemsley guilty of possession of phencyclidine (PCP) and marijuana. D.C.Code § 33-541(d) (1988 Repl.). Hemsley now appeals, contending the trial court erred in denying his pretrial motion to suppress the evidence of drugs upon which his convictions were based. We agree and reverse.

I.

At the suppression hearing, the government...

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