United States v. Hoyt Albert Gaultney and Francis Gilmere

COLEMAN, Circuit Judge.

In this criminal case the government appeals the suppression of evidence by the District Court. We reverse and remand.

I

The Nature of the Case

In various counts, the defendants, Gil-mere and Gaultney, were charged with distribution of cocaine, possession of cocaine with intent to distribute, and conspiracy to distribute cocaine. Both defendants moved before trial for the suppression of evidence seized by government officers on the day of the arrests. An evidentiary hearing was held before a magistrate, who subsequently recommended that the motions be granted. The District…