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U.S. v. HO

No. 95-30919.

94 F.3d 932 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Al Dac HO, also known as Ai Dac Ho, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 1996.

Attorney(s) appearing for the Case

Michele Annette Horn, Stephen A. Higginson, Assistant U.S. Attorney, Office of the United States Attorney, New Orleans, LA, for U.S.

Claude John Kelly, III, Office of the Federal Public Defender, New Orleans, LA, for HO, defendant-appellant.

Before POLITZ, Chief Judge, and JOLLY and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The sole issue addressed in this Fourth Amendment warrantless search and seizure case is whether the police officer had probable cause to arrest Al Dac Ho before Ho revoked his voluntary consent to search his portfolio. Based on the explicit testimony from the suppression hearing, we conclude that, at the time Ho withdrew his consent, the officer did not have probable cause to arrest Ho, and...

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