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475 F.2d 91

Docket No. 71-2451.

United States v. Brown

Ninth Circuit Court of Appeals

Decided Feb. 27, 1973.

Ninth Circuit Court of Appeals · decided 1973-02-27

Cited by 6 later decisions — most recently May 1991

6 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 2113

Relies on United States v. Smith

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-02-27

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¶1Robert L. Bouchier (argued), Palo Alto, Cal., for appellant.

¶2Michael C. Solner, Asst. U. S. Atty. (argued), Eric A. Nobles, Darrell W. MacIntyre, Asst. U. S. Attys., William D. Keller, U. S. Atty., Los Angeles, Cal., for appellee.

¶3Before CHAMBERS, KOELSCH and KILKENNY, Circuit Judges.

¶4PER CURIAM:

¶5Appellant was convicted of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d).

¶6The lower court denied appellant’s motion to suppress certain items seized shortly after his arrest.

¶7Appellant 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.

¶8Under 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.

¶9We find appellant’s other contentions to be without merit.

¶10Remanded for further proceedings consistent with this opinion.

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