UNITED STATES v. MARTIN

No. 77-3453.

600 F.2d 1175 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas W. MARTIN, III and Eva Joe Stancil, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 20, 1979.


Attorney(s) appearing for the Case

J. R. Brooks, U. S. Atty., Bill L. Barnett, Dayle E. Powell, Asst. U. S. Attys., Birmingham, Ala., for plaintiff-appellant.

Fred A. Erben, Birmingham, Ala., for defendants-appellees.

Before COLEMAN, GEE and HILL, Circuit Judges.


JAMES C. HILL, Circuit Judge:

This appeal presents a somewhat novel question of Fourth Amendment law. We must determine whether evidence seized by State officers under a State warrant issued to them by a State court is inadmissible in a Federal prosecution as a result of the State officers' failure to comply with a requirement of State law. We reverse in part and affirm in part the District Court's decision to suppress the evidence.

I.

The facts...

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