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JONES v. BERRY

No. 81-5922.

722 F.2d 443 (1983)

William E. JONES and Gladys A. Jones, husband and wife, and Acme Meat Company, Inc., an Arizona corporation, Petitioners-Appellees, v. Prescott A. BERRY, District Director, Internal Revenue Service; David C. Arnell, Chief, Criminal Investigation Division, Internal Revenue Service; Bernice Yost, Group Manager, Criminal Investigation Division, Internal Revenue Service; John M. Manning, Special Agent, Criminal Investigation Division, Internal Revenue Service; James E. Mason, Special Agent, Criminal Investigation Division, Internal Revenue Service; John Doe I-X, inclusive, and Jane Doe I-X, inclusive, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 24, 1983.

Attorney(s) appearing for the Case

Stephen E. Silver, Burch & Cracchiolo, P.A., Phoenix, Ariz., for petitioners-appellees.

Robert Lindsay, U.S. Dept. of Justice, Washington, D.C., for respondents-appellants.

Before SKOPIL and FLETCHER, Circuit Judges, and McNICHOLS, District Judge.

FLETCHER, Circuit Judge:

The Internal Revenue Service (IRS) appeals from the district court's grant of appellee's pre-trial motion to suppress evidence. The IRS challenges the holding that appellees' fourth amendment rights were violated by IRS undercover agents who elicited incriminating information from them by false pretences. Our court's jurisdiction rests on 28 U.S.C. § 1291 (1976). We reverse and remand. 524 F.Supp. 645

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