UNITED STATES v. FOOLADI

No. 82-1524 Summary Calendar.

703 F.2d 180 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Dr. Mike Mehdi FOOLADI, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 20, 1983.


Attorney(s) appearing for the Case

Sidney Powell, James E. Bock, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellant.

Gary Hill, El Paso, Tex., for defendant-appellee.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The district judge suppressed evidence obtained during a search of the defendant's residence because he concluded that the search warrant was based on an affidavit that failed to establish probable cause. Because in our judgment the magistrate properly ruled that the affidavit established probable cause, we reverse and remand for further proceedings.

The "Affidavit for Search Warrant" was executed by John T. Pool, a special agent...

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