U.S. v. ERVIN

No. 89-1673.

907 F.2d 1534 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Jerry Wayne ERVIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 26, 1990.


Attorney(s) appearing for the Case

LeRoy Morgan Jahn, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., San Antonio, Tex., for plaintiff-appellant.

Thomas H. Hirsch, Odessa, Tex., for defendant-appellee.

Before THORNBERRY, GEE and BARKSDALE, Circuit Judges.


BARKSDALE, Circuit Judge:

After being indicted for possession of more than 100 kilograms of marijuana with intent to distribute, Jerry Wayne Ervin moved to suppress the marijuana, seized during a search of his trailer. The district court held that the defendant did not consent to the search and that the search did not fall within an exception to the search warrant requirement imposed by the Fourth Amendment. Finding, however, that the search fell within the automobile...

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