UNITED STATES v. CORTINA

No. 79-2226.

630 F.2d 1207 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Dominic CORTINA et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 11, 1980.


Attorney(s) appearing for the Case

Julian Solotorovsky, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellant.

John C. Tucker, Jenner & Block, Chicago, Ill., for defendants-appellees.

Before FAIRCHILD, SWYGERT and BAUER, Circuit Judges.


BAUER, Circuit Judge.

The government appeals from an order of the district court suppressing certain evidence obtained in a search pursuant to a search warrant. The trial court found, and the record supports, the following facts: William I. Brown, an agent for the Federal Bureau of Investigation, deliberately lied in an affidavit presented to support the search warrant. There was no probable cause for the search without the facts misrepresented by Brown. The district...

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