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IN RE SEARCH WARRANT FOR 2045 FRANKLIN, DENVER

No. 84CA0519.

709 P.2d 597 (1985)

In Re SEARCH WARRANT FOR 2045 FRANKLIN, DENVER, COLORADO, W. Bruce WILSON, M.D., and W. Bruce Wilson, M.D., P.C., Appellants, v. Norman EARLY, District Attorney, Second Judicial District, and Colorado Medicaid Fraud Control Unit, Appellees.

Colorado Court of Appeals, Div. II.

September 5, 1985.

Attorney(s) appearing for the Case

Lohf & Barnhill, P.C., Dennis A. Graham, Denver, for appellants.

Duane Woodard, Atty. Gen., Richard H. Forman, Sol. Gen., Norman Early, Jr., Dist. Atty. Gen., William G. Meyer, Sp. Deputy Dist. Atty., Guy Till, Sp. Deputy Atty. Gen., Denver, for appellees.

METZGER, Judge.

W. Bruce Wilson, M.D., and W. Bruce Wilson, M.D., P.C. (Wilson), appeal a decree denying their motion for return of property pursuant to Crim.P. 41(e), alleging that the trial court erred in refusing to conduct an adversary hearing to determine the constitutional validity of the search warrants and their manner of execution. We affirm.

On January 26 and 30, 1984, investigators from the Colorado Medicaid Fraud Control Unit (Unit) executed search...

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