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UNITED STATES v. KIRK

No. 85-3107.

781 F.2d 1498 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. David KIRK, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 10, 1986.

Attorney(s) appearing for the Case

Garry Stegeland, Asst. U.S. Atty., Orlando, Fla., Mervyn Hamburg, Washington, D.C., for plaintiff-appellant.

H.S. Henderson, III, Titusville, Fla., Richard Essen, Miami, Fla., Ron Dion, North Miami Beach, Fla., for defendant-appellee.

Before HATCHETT and CLARK, Circuit Judges, and ALLGOOD, Senior District Judge.

HATCHETT, Circuit Judge:

In this appeal, the government challenges the district court's finding that law enforcement officers prepared an affidavit submitted in support of an application for a warrant to search a residence with reckless disregard for the truth. We reverse.

FACTS

On October 31, 1984, an unidentified male telephoned the Orlando, Florida, office of the Drug Enforcement Administration (DEA). The caller informed Special DEA Agent Russ...

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