United States v. Patrick J. Welsh, Harold Dillon, Larry Darwin Ellis, and John O. Holley

WIDENER, Circuit Judge:

Pursuant to 18 U.S.C. § 3731, the United States appeals the granting of defendants’ motion to suppress certain evidence. We affirm the exclusion of the evidence.

The grand jury for the Southern District of West Virginia returned several indictments arising out of the interstate transportation of stolen property. In the first indictment we are concerned with, Patrick J. Welsh and Harold Dillon were charged with transporting stolen motor oil and a semi-trailer in violation of 18 U.S.C. § 2314. Dillon was also charged with theft of the oil from interstate shipment in…