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U.S. v. ERWIN

No. 94-1766.

155 F.3d 818 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. James ERWIN, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 17, 1998.

Attorney(s) appearing for the Case

Kenneth M. Mogill (argued and briefed), Mogill, Posner & Cohen, Detroit, MI, for Appellant.

Christopher P. Yates (argued and briefed), Office of the U.S. Attorney, Grand Rapids, MI, for Appellee.

Before: MARTIN, Chief Judge; MERRITT, KENNEDY, JONES, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, DAUGHTREY, MOORE, and COLE, Circuit Judges.

RYAN, J., delivered the opinion of the court, in which MERRITT, KENNEDY, NELSON, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, JJ., joined. MARTIN, C.J. (pp. 825-828), delivered a separate dissenting opinion, in which JONES, MOORE, and COLE, JJ., joined.

OPINION

RYAN, Circuit Judge.

We granted en banc review in this case, primarily to decide two questions about the warrantless search of the defendant's motor vehicle.

...

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