*2 sport the coat in the rather than trunk Atty., Shanahan, Asst. S. Donald F. U. leaving init on the rear seat view was Cal., Diego, plaintiff- (argued), for San entirely of an reasonable method render- appellant. ing car’s secure. As such the contents Squires (argued, San Die- M. Kendall request encompassed the it was within defendant-appellee. go, Cal., for reasonably appellee of construed. TRASK, Cir and Before MERRILL and remanded Reversed with instruc- GRAY,* Judge. Judges, cuit and District suppress to tions that the motion be de- proceedings. nied, and for further OPINION Judge GRAY, P. District WILLIAM Judge:
MERRILL, Circuit (dissenting): appeals from an or- The United States the I would affirm the order of Dis- granting appel- der of District the Court self-appointed trict As the Court. suppress to evidence consist- lee’s motion “agent” appellee, the the officer easi- of ing guns zip from of obtained certain ly his could have what ascertained appellee’s car. sport “principal” done with the wanted the de- interfere with coat. I would not Appellee stopped by had two Cal- been by that trial court the highway termination the patrol officers who test- ifornia entry driving into the trunk was unreasonable. then ed him for drunken and ar- * Judge Gray, of for District Cali- District the Central Honorable P. United States William by sitting designation. fornia,