UNITED STATES v. HODGES

No. 82-5142.

705 F.2d 106 (1983)

UNITED STATES of America, Appellant, v. Donald Jerry HODGES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1983.


Attorney(s) appearing for the Case

Eric Wm. Ruschky, Asst. U.S. Atty., Columbia, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., John T. Bannon, Jr., Atty. Gen. for Litigation and Legal Advice, Criminal Division, Dept. of Justice, Washington, D.C., on brief), for appellant.

John F. Hardaway, Asst. Federal Public Defender, Columbia, S.C., for appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

The United States appeals from the pretrial suppression of a sawed-off shotgun seized in the residence of Donald Jerry Hodges. The district court ruled that the seizure of the gun was invalid because it was based upon a warrant issued without probable cause. We reverse the order of suppression.

I

On July 23, 1981, a federal officer secured a search warrant from a United States magistrate for Hodges's residence. The...

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