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Legal Opinion

United States v. Gavin Anthony McBean

Court of Appeals for the Eleventh Circuit

Decided December 27, 1988No. 87-8960PublishedCited by 48 opinions

1Per curiam

Appellee Gavin McBean was indicted for possessing with intent to distribute sixty pounds of marijuana in violation of 21 U.S. C. § 841(a). McBean filed a pretrial motion to suppress the marijuana which was granted by the district court. 697 F.Supp. 495. The Government appeals this order. We reverse.

These are the undisputed facts. 1 In the early morning hours of October 7, 1987, Georgia State Trooper B.E. Hodges stopped McBean on 1-95 North in Georgia for tailgating and weaving. McBean exited his vehicle and stood with Hodges in front of Hodges’ trooper car. After several minutes of casual…

2Cases cited8 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. United States v. Anthony J. DichiarinteCourt of Appeals for the Seventh Circuit · 1971
  4. United States v. Thomas Norman GayCourt of Appeals for the Tenth Circuit · 1985
  5. United States v. MckennonCourt of Appeals for the Eleventh Circuit · 1987

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3Cited by48 opinions

  1. United States v. Augustin GonzalezCourt of Appeals for the Eleventh Circuit · 1996
  2. United States v. Alirio Hastamorir, Hernan Lopez, Antonio LedezmaCourt of Appeals for the Eleventh Circuit · 1989
  3. United States v. Ginger A. Miller, United States of America v. Toni A. Hampton, United States of America v. Jay L. NashCourt of Appeals for the Eighth Circuit · 1992
  4. United States v. Walter George Strickland, Jr.Court of Appeals for the Eleventh Circuit · 1990
  5. United States v. Oswald G. Blake, Leonard EasonCourt of Appeals for the Eleventh Circuit · 1989

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