U.S. v. KITCHENS

Nos. 96-4191, 96-4192.

114 F.3d 29 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Koffi KITCHENS, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Kedron KITCHENS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1997.


Attorney(s) appearing for the Case

ARGUED: Paul Thomas Camilletti, Assistant United States Attorney, Wheeling, West Virginia, for Appellant. Kevin David Mills, Mills & Scales, Martinsburg, West Virginia; William Benjamin Moffitt, Asbill, Junkin & Moffitt, Washington, D.C., for Appellees. ON BRIEF: William D. Wilmoth, United States Attorney, Wheeling, West Virginia, for Appellant.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.


Reversed and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge MOTZ joined.

OPINION

MURNAGHAN, Circuit Judge:

Kedron and Koffi Kitchens were indicted for conspiracy to possess with the intent to distribute approximately 62.4 grams of crack cocaine. They filed a motion to suppress evidence arguing that the police officers' warrantless search of their hotel room violated their Fourth Amendment rights...

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