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U.S. v. ALLEN

No. 97-4100.

159 F.3d 832 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Wayne ALLEN, a/k/a Anthony Washington, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1998.

Attorney(s) appearing for the Case

ARGUED: James Donald Cowan, Jr., Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, NC, for Appellant. Michael Francis Joseph, Assistant United States Attorney, Greensboro, NC, for Appellee. ON BRIEF: John J. Korzen, Smith, Helms, Mulliss & Moore, L.L.P., Greensboro, NC, for Appellant. Walter C. Holton, Jr., United States Attorney, Greensboro, NC, for Appellee.

Before ERVIN and MOTZ, Circuit Judges, and BEEZER, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

DIANA GRIBBON MOTZ, Circuit Judge.

Michael Wayne Allen, convicted of possession of crack cocaine with intent to distribute, asserts that the district court erred in denying his motion to suppress evidence on the basis of the inevitable discovery doctrine. Because the doctrine does not apply here, we must reverse and remand for further proceedings.

I.

Police arrested Allen at a Greensboro, North Carolina, bus terminal on June 12, 1996, for possession...

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