UNITED STATES v. BAILEY

No. 79-5092.

628 F.2d 938 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Clark BAILEY and Carolyn Gomez, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1980.


Attorney(s) appearing for the Case

James K. Robinson, U. S. Atty., James E. Papelian, Asst. U. S. Atty., Detroit, Mich., for plaintiff-appellant.

Eric L. Clay, Detroit, Mich., Daniel Blank, Birmingham, Mich., for defendants-appellees.

Before CELEBREZZE and KEITH, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


HARRY PHILLIPS, Senior Circuit Judge.

This case of first impression for our Circuit requires us to review a district court's order suppressing evidence in a drug prosecution where the Government used a "beeper"1 to monitor the location of a drum of chemicals. Although the beeper does nothing more than reveal its own location, we conclude that its use, on the facts of this case, violated the fourth...

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