UNITED STATES v. ALLARD

No. 78-2533.

600 F.2d 1301 (1979)

UNITED STATES of America, Plaintiff-Appellant, v. Wayne ALLARD and Gordon Berg, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 17, 1979.


Attorney(s) appearing for the Case

Francis J. Diskin, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellant.

Lawrence B. Finegold, John Henry Browne, Seattle, Wash., on brief; Timothy K. Ford, Sally Gustafson, Seattle, Wash., for defendants-appellees.

Before WRIGHT and GOODWIN, Circuit Judges, and SPENCER WILLIAMS, District Judge.


EUGENE A. WRIGHT, Circuit Judge:

The government appeals the district court's pretrial suppression of evidence taken in the search of a hotel room. 18 U.S.C. § 3731 (1976). We affirm the trial court's findings that the warrantless entry commenced an invalid search and that no exception to the warrant requirement applied.

However, because government agents obtained a warrant subsequent to their entry based on information they possessed prior to entry, we...

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