Opinion

United States v. James Edward Brown

  • 475 F.2d 91
Court
Court of Appeals for the Ninth Circuit
Filed
Feb 27, 1973
Status
Published
On the bench
Chambers, Koelsch, Kilkenny
Cited by
2 cases
Authority
More cited than 82.6%

The opinion

PER CURIAM:

Appellant was convicted of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d).

The lower court denied appellant’s motion to suppress certain items seized shortly after his arrest.

Appellant claims that the government failed to establish probable cause for his arrest because the warrant and its supporting affidavit were not presented and no independent evidence of probable cause was introduced.

Under these circumstances, the interests of justice require remand for the limited purpose of determining the existence of probable cause. United States v. Smith, 456 F.2d 1236 (CA9 1972). At the hearing on remand additional evidence may be presented by both sides on the issue of probable cause.

We find appellant’s other contentions to be without merit.

Remanded for further proceedings consistent with this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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