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STATE v. SWEATT

427 A.2d 940 (1981)

STATE of Maine v. Dale SWEATT & Carol Sweatt.

Supreme Judicial Court of Maine.

Decided March 30, 1981.

Attorney(s) appearing for the Case

Janet T. Mills (orally), Dist. Atty., South Paris, for plaintiffs.

Arthur LaFrance, (orally), Portland, Craig E. Turner, South Paris, for defendant.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN, ROBERTS and CARTER, JJ.

GODFREY, Justice.

Dale and Carol Sweatt moved in Superior Court for return of certain seized property and for suppression of the use of it as evidence. Although no criminal proceeding was pending against them, the Sweatts moved, pursuant to M.R.Crim.P. 41(e), to obtain return of property taken by the police during searches and seizures that the Sweatts contend were unlawful under the state and federal constitutions.

The State of Maine appeals and the Sweatts...

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