United States v. Jerry Craig Jellsett
448 F.2d 1278·1971 U.S. App. LEXIS 7952
United States Court of Appeals for the Ninth CircuitSeptember 22, 197126927California75 words
Opinion
The search of Jellsett’s suitcase was in violation of the Fourth Amendment. It was not incident to the arrest. The suitcase was not, at the time of the search, within the area of Jellsett’s immediate control, and there was no probable cause to believe that it contained contraband. Chimel v. California, 1969, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 .
Reversed. When the mandate goes down, the indictment will be dismissed.