UNITED STATES v. MENDEL

No. 77-1421.

578 F.2d 668 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald Steven MENDEL, Kerry Lowell Gress and Elizabeth Reeves, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 10, 1978.

Rehearing Denied June 28, 1978.


Attorney(s) appearing for the Case

William A. Barnett, Jr., Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellant.

Daniel K. Webb, Nancy Schaefer, Chicago, Ill., for defendants-appellees.

Before SPRECHER and TONE, Circuit Judges, and JAMESON, Senior District Judge.


Rehearing and Rehearing En Banc Denied June 28, 1978.

TONE, Circuit Judge.

The government appeals under 18 U.S.C. § 3731 from an order of the District Court suppressing evidence seized pursuant to a search warrant. The ground for suppression was that the affidavit for a search warrant was insufficient, because, instead of reciting within its four corners the facts constituting probable cause, it incorporated those facts by reference to a tape recording...

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