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UNITED STATES v. FARESE

No. 79-2113.

612 F.2d 1376 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Ralph FARESE et al., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 17, 1980.

Attorney(s) appearing for the Case

Jay R. Moskowitz, Sp. Atty., U.S. Dept. of Justice, Miami, Fla., Robert J. Lehner, U.S. Dept. of Justice, for plaintiff-appellant.

James J. Hogan, Joseph Mincberg, Miami, Fla., for defendant-appellee.

Before GEWIN, RUBIN and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 17, 1980.

ALVIN B. RUBIN, Circuit Judge:

The sole issue on this appeal is whether there was probable cause for a state judge to issue a warrant authorizing the police to place a concealed transmitter in the offices of the defendant, Thomas Farese. The district judge accepted the recommendation of the magistrate, made after an evidentiary hearing, and granted Farese's motion to suppress the evidence gained from the...

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