UNITED STATES v. BENJAMIN

No. 80-2143.

637 F.2d 1297 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. Maurice BENJAMIN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 26, 1981.


Attorney(s) appearing for the Case

Thomas P. Sullivan, U. S. Atty., Julian Solotorovsky, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellant.

John J. Enright, Chicago, Ill., for defendant-appellee.

Before BAUER, Circuit Judge, KUNZIG, Judge, and WOOD, Circuit Judge.


HARLINGTON WOOD, Jr., Circuit Judge.

This is an interlocutory appeal by the United States government of an order granting a motion for the return of a briefcase seized during the arrest of Maurice Benjamin. We find that the FBI agents arresting Benjamin had a reasonable suspicion to believe that the briefcase contained evidence of the underlying crime. Accordingly, we reverse the district court decision and deny the motion.

Maurice Benjamin is under investigation...

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