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UNITED STATES v. OGILVIE

No. 74-3487.

527 F.2d 330 (1975)

UNITED STATES of America, Plaintiff-Appellant, v. Laurie Ann OGILVIE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 15, 1975.

Attorney(s) appearing for the Case

James Mueller, Asst. U. S. Atty. (argued), Tucson, Ariz., for plaintiff-appellant.

Mark B. Raven (argued), Tucson, Ariz., for defendant-appellee.

Before MOORE, DUNIWAY and WRIGHT, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge.

Ogilvie was indicted for possession of marijuana with intent to distribute it in violation of 21 U.S.C. § 841(a)(1). The district court granted her motion to suppress the marijuana, and the government appeals. We affirm.

I. Facts.

On Sunday, July 28, 1974, United States Border Patrol agents were operating a traffic checkpoint on Interstate Highway 19...

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