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U.S. v. TAPIA

No. 89-7933.

912 F.2d 1367 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Bernardino Homero TAPIA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 25, 1990.

Attorney(s) appearing for the Case

Douglas H. Scofield, Birmingham, Ala., for defendant-appellant.

Frank W. Donaldson, U.S. Atty., John E. Ott, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, FAY, Circuit Judge, and HOFFMAN, Senior District Judge.

FAY, Circuit Judge:

Defendant-appellant Bernardino Tapia was convicted by a jury on one count of unlawful possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), after the trial judge refused to suppress evidence obtained by police from a warrantless investigatory stop and extensive search of the vehicle in which appellant was a passenger. Appellant challenges his conviction by contending that the search of the vehicle violated...

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