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UNITED STATES v. HARE

No. 78-5220.

589 F.2d 1291 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. William Bruce HARE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 8, 1979.

Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., Detroit, Mich., Thomas W. Cranmer, Birmingham, Mich., for plaintiff-appellant.

William Van Dusen, Jr., Richard Lustig, Michael S. Friedman, Southfield, Mich., for defendant-appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges and PECK, Senior Circuit Judge.

PECK, Senior Circuit Judge.

This case raises the question of the meaning of the "inadvertence" requirement of the plain view exception to the warrant requirement, as set out in Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). The district court granted the defendant's motion to exclude evidence seized from his home, and the Government has appealed, contending that the district court applied the wrong...

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