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O’SULLIVAN, Senior Circuit Judge (dissenting).
Respectful of the views of my colleagues who join in the majority opinion, I am constrained to record my dissent. If the facts of the case before us could be nicely fitted into the factual background of Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), it would be presumptuous of me to express disagreement with its holding. It is my view, however, that the facts of the case at bar cannot be so read. I do not consider that the Fourth Amendment would be offended by denial of the defendant’s motion to suppress.
Document Info
Docket Number: 74--1454
Citation Numbers: 509 F.2d 886, 1975 U.S. App. LEXIS 16305
Judges: Celebrezze, Miller, O'Sullivan
Filed Date: 1/31/1975
Precedential Status: Precedential
Modified Date: 11/4/2024