United States v. Dennis Michael Johnson, and Stephen Arthur Baldwin

TJOFLAT, Circuit Judge:

Stephen Arthur Baldwin and Dennis Michael Johnson were found guilty after a bench trial on both counts of an indictment charging possession and conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846 (1976). The appellants’ motion to suppress the marijuana was granted in part and denied in part. On this appeal, they contend it should have been granted in toto. We agree and reverse their convictions.

I

As the facts are important, we relate them in some detail. At approximately 5:00 a. m. on July 1, 1977, the appellants and one…