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UNITED STATES v. MAHONEY

No. 82-1452.

712 F.2d 956 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Dennis Dean MAHONEY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1983.

Attorney(s) appearing for the Case

Daniel I. Small, Trial Atty., Organized Crime and Racketeering Section, William C. Bryson, Atty., Washington, D.C., for plaintiff-appellant.

Hugh Lowe, Austin, Tex., for defendant-appellee.

Before INGRAHAM, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The government appeals under 18 U.S.C. § 3731 from the district court's order suppressing Dennis Mahoney's post-arrest confession "as the fruit of an unlawful arrest." Finding that the actions of the state law enforcement agents, though assumed here to be illegal, were taken in a reasonable and good faith belief that they were legal, we apply the "good faith exception" to the exclusionary rule explicated in United States...

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