Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 7, 1995 TAG: 9511080007
SECTION: NATIONAL/INTERNATIONAL PAGE: C-6 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
The justices agreed to hear an appeal in a Wisconsin case by two men who say cocaine seized from their car should not have been allowed as evidence against them.
In other action Monday, the court:
Agreed to use a New Jersey cocaine case to clarify federal judges' authority to lower the sentences of cooperative defendants.
Said it will review a labor dispute stemming from Tyson Foods Inc.'s 1989 acquisition of rival poultry producer Holly Farms.
Turned down an emergency request aimed at keeping reputed mobster Thomas Gambino out of prison. Gambino, 65, has been ordered to surrender Dec. 4 to begin serving a five-year sentence on his 1993 conviction for racketeering, illegal gambling and loan-sharking.
In the Wisconsin case, Saul Ornelas and Ismael Ornelas-Ledesma were arrested Dec. 11, 1992, after a computer check showed their car, with California license plates, was registered to a known drug dealer.
Police said they got permission from the men to search the car. One officer said he noticed a loose door panel and removed it, finding a bag that contained cocaine.
Ornelas and Ornelas-Ledesma pleaded guilty to possession with intent to distribute about 4.4 pounds of cocaine, but challenged a federal judge's ruling that the cocaine could be used as evidence. Both were sentenced to five-year prison terms.
A federal judge and a federal magistrate subsequently disagreed on whether the officer had probable cause when he removed the door panel.
by CNB