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UNITED STATES v. OLIVER

No. 80-5437.

686 F.2d 356 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. Ray E. OLIVER, a/k/a Edward Ray Oliver, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 5, 1982.

Attorney(s) appearing for the Case

Alexander Taft, U. S. Atty., Scott Wendelsdorf, Mikell McMurray, Louisville, Ky., William C. Bryson, Chief, Appellate Section, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Robert L. Wilson, Jamestown, Ky., for defendant-appellee.

Before EDWARDS, Chief Judge, and LIVELY, ENGEL, KEITH, MERRITT, BROWN, KENNEDY, MARTIN and JONES, Circuit Judges, sitting En Banc.

BAILEY BROWN, Circuit Judge.

In Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 898 (1924), the Supreme Court, in an opinion by Justice Holmes, unanimously held that the protection of the Fourth Amendment does not extend to open fields. This court, in United States v. Hassell, 336 F.2d 684 (6th Cir. 1964) (per curiam), cert. denied...

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