UNITED STATES v. JENKINS

No. 81-3592.

728 F.2d 396 (1984)

UNITED STATES of America, Plaintiff-Appellant, v. Isaac M. JENKINS and Isaac F. Jenkins, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1984.


Attorney(s) appearing for the Case

Nancy C. Schuster, Chief, Crim. Div. argued, Cleveland, Ohio, Thomas M. Bauer, Asst. U.S. Atty., Akron, Ohio, for plaintiff-appellant.

E. Winther McCroom argued, Breckenridge, Haynes & McCroom, Youngstown, Ohio, for Isaac M. Jenkins.

Donald S. Varian, Jr., Akron, Ohio, for Isaac F. Jenkins.

Before EDWARDS and JONES, Circuit Judges, and PECK, Senior Circuit Judge.


GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

This is an appeal by the United States from an order of the District Court, which suppressed evidence on the ground that a search warrant under which said evidence had been seized from the home and car of appellee Isaac M. Jenkins was invalid. The reason for suppression was that the FBI agent who had signed the search warrant had not had personal knowledge of the facts on the basis of which a Magistrate issued the search...

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