U.S. v. BLAKE

No. 88-5900.

888 F.2d 795 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Oswald G. BLAKE, Leonard Eason, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 17, 1989.


Attorney(s) appearing for the Case

Dexter Lehtinen, U.S. Atty., William Shockley, Sonia Escobio O'Donnell, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for U.S.

Fletcher Peacock, Asst. Federal Public Defender, Ft. Lauderdale, Fla., for Blake.

Michael J. O'Kane, Ft. Lauderdale, Fla., for Eason.

Before ANDERSON and COX, Circuit Judges, and SHOOB, District Judge.


ANDERSON, Circuit Judge:

In this appeal, the United States argues that the district court erred in granting the motion to suppress filed by defendants Oswald G. Blake and Leonard Eason. The issue in this case involves whether police officers exceeded the scope of the defendants' consent to a search of their "person," when, upon receiving the consent, the officers immediately reached into the defendants' crotch area and felt their genitals. Upon review, we find that...

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