UNITED STATES v. RICHARD

No. 75-2439.

535 F.2d 246 (1976)

UNITED STATES of America, Appellant, v. Alonzo Lee RICHARD.

United States Court of Appeals, Third Circuit.

Decided May 13, 1976.


Attorney(s) appearing for the Case

W. Laird Stabler, Jr., U. S. Atty., John H. McDonald, Asst. U. S. Atty., Wilmington, Del., for appellant.

Jay H. Conner, Conner, Daley & Erisman, Wilmington, Del., for appellee.

Before GIBBONS, Circuit Judge, CLARK Associate Justice of the Supreme Court, and HUNTER, Circuit Judge.


Submitted Under Third Circuit Rule 12(6) April 9, 1976.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal by the United States from an interlocutory order in a pending criminal prosecution suppressing certain evidence. We have jurisdiction pursuant to 18 U.S.C. § 3731. The district court held that the affidavit upon which a United States Magistrate relied in issuing the search warrant was insufficient to establish probable cause...

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