United States v. Charles Steven Ballard, A/K/A James Bishop

LEWIS R. MORGAN, Circuit Judge:

Charles Steven Ballard appeals from a conviction pursuant to 18 U.S.C.A. § 841(a)(1) (1976), for possession of heroin with intent to distribute. The sole issue on appeal is whether the evidence seized during a search of defendant’s baggage should have been suppressed. We agree with the defendant that the evidence was improperly admitted at trial; therefore, we reverse.

Defendant was arrested following an investigatory stop and subsequent search at the New Orleans airport. The following sequence of events led up to his arrest. On April 4, 1977, an anonymous tip…