United States v. Michael John McGlynn and Kevin John Schantzen

HENLEY, Circuit Judge.

The United States has appealed an order of the United States District Court for the District of Minnesota granting appellee Kevin John Schantzen’s motion to suppress evidence taken from his person, and also granting appellee Michael John McGlynn’s motion to suppress evidence taken from his person and seized from his automobile pursuant to a search warrant. We reverse and remand.

The essential facts as set forth in the magistrate’s report and recommendation are not disputed. On September 9, 1980 Officer Ronald Johnson, a police officer in the Narcotics Division of the…