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United States Sixth Circuit


US v. MONTGOMERY, 02-4234

Defendant unsuccessfully challenged the denial of his motion to suppress evidence where the officers' search did not violate the Fourth Amendment because it was a search incident to a lawful arrest based on probable cause from marijuana in plain view.

Appellate Information

  • Argued 04/26/2004
  • Decided 07/27/2004
  • Published 07/27/2004

Judges

  • Before: BOGGS, Chief Judge;  KENNEDY, Circuit Judge;  RUSSELL, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • Timothy D. Oakley (argued and briefed), U.S. Attorney's Office Southern District of Ohio, Cincinnati, OH, for Plaintiff-Appellee., Richard W. Smith-Monahan (argued and briefed), Office of the Federal Public Defender Southern District of Ohio, Cincinnati, OH, for Defendant-Appellant.
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