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U.S. v. COLLINS

No. 04-50065.

427 F.3d 688 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Gwaine COLLINS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2005.

Attorney(s) appearing for the Case

Fred A. Rowley, Jr., Assistant United States Attorney, Criminal Appeals Section, Los Angeles, CA, for the plaintiff-appellant.

Sonia E. Chahin, LaCanada, CA, for the defendant-appellee.

Before PREGERSON, CANBY, and BEEZER, Circuit Judges.

CANBY, Circuit Judge.

Gwaine Collins was indicted with five others and charged with conspiracy to retain and deliver, and retaining and delivering, stolen United States treasury checks. See 18 U.S.C. §§ 371, 510(b). He moved to suppress evidence found in a search following his warrantless arrest. The district court concluded that Collins' arrest violated the Fourth Amendment because federal agents did not have probable cause to believe that he was participating...

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