United States v. Norman Dean Griffith

TONE, Circuit Judge.

In this appeal from a conviction for possessing a controlled substance with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, defendant raises a single issue, viz., whether the search of his motel room at the time of his arrest violated his Fourth Amendment rights. We reverse the judgment on the authority of Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969).

After an evidentiary hearing on defendant’s motion to suppress, the District Court denied the motion. The facts, as found by the District Court and as further shown by…