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UNITED STATES v. ESPINOZA

Crim. No. 12247.

338 F.Supp. 1304 (1972)

UNITED STATES of America, Plaintiff, v. Thomas Marcelino ESPINOZA, Defendant.

United States District Court, S. D. California.

March 2, 1972.

Attorney(s) appearing for the Case

Harry D. Steward, U. S. Atty., Catherine A. Chandler, Asst. U. S. Atty., San Diego, Cal., for plaintiff.

James M. Gattey, San Diego, Cal., for defendant.

MEMORANDUM DECISION AND ORDER

GORDON THOMPSON, Jr., District Judge.

Defendant herein has moved the Court for an order suppressing certain physical evidence consisting of approximately four grams of heroin hydrochloride emitted from the stomach of the defendant at approximately 12:55 A.M. on the morning of October 11, 1971. This evidence was seized as a result of a warrantless arrest and search occurring on October 10, 1971, at approximately 10:50 P.M., as...

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