UNITED STATES v. GARDNER

No. 76-1054.

537 F.2d 861 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Norman Eugene GARDNER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1976.


Attorney(s) appearing for the Case

Ralph B. Guy, Jr., U. S. Atty., Michael P. Millikin, Detroit, Mich., for plaintiff-appellant.

Anthony C. Lutostanski (Court-appointed CJA), Detroit, Mich., for defendant-appellee.

Before WEICK, PECK and McCREE, Circuit Judges.


PER CURIAM.

The government appeals from an order granting a motion to suppress a sawed-off shotgun seized pursuant to a warrant issued by a state court judge. We affirm the district court's order on the ground that the search warrant authorizing the seizure of "all firearms and ammunition" was overbroad.

Based on the affidavit filed in support of the warrant, probable cause existed, if at all, to search solely for a .38 caliber pistol that was allegedly used...

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