United States v. James Edward Brown

Ninth Circuit

United States v. James Edward Brown

475 F.2d 91

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 27, 1973

Docket71-2451

StatusPublished

Cited by2 cases

This text of 475 F.2d 91 (United States v. James Edward Brown) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. James Edward Brown, 475 F.2d 91 (9th Cir. 1973).

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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.

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