United States v. Timothy W. Menke

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by the government from a district court order, 339 F.Supp. 1023, suppressing evidence of the seizure of a supply of marihuana presents the question whether the trial court erred in either or both of its conclusions that there was neither a consensual search nor probable cause for a warrantless search of an automobile. We hold that the court erred in each of its conclusions and reverse.

The circumstances which gave rise to this ease reveal a marihuana shipper from Korea who, depending upon one’s point of view, must be regarded as either…