CLEMAS v. UNITED STATES

No. 18691.

382 F.2d 403 (1967)

Thomas Franklin CLEMAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

August 22, 1967.


Attorney(s) appearing for the Case

Edward M. Cohen, Minneapolis, Minn., made argument and filed brief for appellant.

Gene R. Bushnell, Asst. U. S. Atty., Sioux Falls, S. D., made argument for appellee; Harold C. Doyle, U. S. Atty., Sioux Falls, S. D., was with him on the brief.

Before VOGEL, Chief Judge, and VAN OOSTERHOUT and HEANEY, Circuit Judges.


HEANEY, Circuit Judge.

Once again, we are confronted with the murky question of whether the search of an automobile comports with the requirements of the Fourth Amendment and the decisions of the United States Supreme Court. Here again, the officers seeking the search warrant did not present to the magistrate all of the significant evidence relating to probable cause within their knowledge. Thus, we reach our decision that the trial court did

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