United States v. Joseph A. Chadwick

LEVIN H. CAMPBELL, Circuit Judge.

The United States has appealed under 18 U.S.C. § 3731 from the district court’s allowance of motions to suppress evidence.

Chadwick, Machado, and Leary, following their arrest on May 10, 1973, were indicted for possession of marijuana with intent to distribute and for conspiracy. 21 U.S.C. §§ 841(a)(1) and 846. Prior to their trial, they moved to suppress evidence of marijuana seized from a footlocker, two suitcases and Chadwick’s person, and Chadwick’s remarks while in custody. After an eviden-tiary hearing, the district court ruled in the defendants’ favor,…