United States v. Jerry Craig Jellsett

Ninth Circuit

United States v. Jerry Craig Jellsett

448 F.2d 1278, 1971 U.S. App. LEXIS 7952

Court of Appeals for the Ninth Circuit·Decided September 22, 1971·No. 26927·Published

Opinion

PER CURIAM:

The search of Jellsett’s suitcase was in violation of the Fourth Amendment. It was not incident to the arrest. The suitcase was not, at the time of the search, within the area of Jellsett’s immediate control, and there was no probable cause to believe that it contained contraband. Chimel v. California, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.

Reversed. When the mandate goes down, the indictment will be dismissed.

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PER CURIAM:

The search of Jellsett’s suitcase was in violation of the Fourth Amendment. It was not incident to the arrest. The suitcase was not, at the time of the search, within the area of Jellsett’s immediate control, and there was no probable cause to believe that it contained contraband. Chimel v. California, 1969, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.

Reversed. When the mandate goes down, the indictment will be dismissed.

United States v. Jerry Craig Jellsett, 448 F.2d 1278, 1971 U.S. App. LEXIS 7952 (9th Cir. 1971).

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Opinion

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