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U.S. v. MULDER

No. 88-1450.

889 F.2d 239 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce A. MULDER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1989.

Attorney(s) appearing for the Case

Roger S. Ruffin, Ruffin & Rotwein, San Francisco, Cal., for defendant-appellant.

Joseph P. Russoniello, Rory K. Little, Asst. U.S. Atty., Sanford Svetcov, Michael J. Yamaguchi, Dept. of Justice, San Francisco, Cal., for plaintiff-appellee.

Before HUG, FARRIS and REINHARDT, Circuit Judges.

FARRIS, Circuit Judge:

We set forth the facts of this novel and unique matter in United States v. Mulder, 808 F.2d 1346, 1347-49 (9th Cir.1987). On the basis of probable cause developed prior to and independently of the first unlawful testing, a warrant was applied for and obtained in February 1988 permitting a chemical test of the tablets found in Mulder's suitcase. Mulder appeals the denial of his motion to suppress the results...

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