United States v. Robert Orville Dunavan, United States of America v. James Edward Mitchell

464 F.2d 1166, 1972 U.S. App. LEXIS 8291

Opinions

ORDER

Upon consideration of the important Fourth Amendment issues involved in the above-styled appeal; and

Noting the uncertainty in the record in relation to critical facts referred to below,

The case is remanded to the District Court for such additional hearing and findings as may be required to answer the following question:

Whether the police knew that Dunavan had recovered consciousness and been released from the hospital 1) when they entered his motel room, and 2) when they opened the first brief case ?

Entered by order of the Court

/s/ JAMES A. HIGGINS

Clerk