U.S. v. BATTISTA

No. 88-3125.

876 F.2d 201 (1989)

UNITED STATES of America, Appellee, v. Donato BATTISTA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1989.


Attorney(s) appearing for the Case

Marvin D. Miller, Alexandria, Va., for appellant.

Erik Christian, with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell, Helen M. Bollwerk, and Judith E. Retchin, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WALD, Chief Judge, and ROBINSON and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

Donato Battista appeals his conviction for possession of cocaine with intent to distribute, arguing that the district court erroneously failed to suppress evidence that was obtained in violation of the fourth amendment. The district court found that although the search that revealed the evidence was conducted without a warrant, it was nevertheless lawful, on two separate theories: first, the...

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