U.S. v. ALVAREZ

No. 86-5062.

812 F.2d 668 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos Ruben ALVAREZ and Tomas Hernandez, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 16, 1987.


Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Myles H. Malman, Sonia O'Donnell, David Leiwant, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Theodore J. Sakowitz, Federal Public Defender, Randee J. Golder, Asst. Federal Public Defender, for Hernandez.

Lawrence M. Malman, Coral Gables, Fla., for Alvarez.

Before TJOFLAT and VANCE, Circuit Judges, and ATKINS, Senior District Judge.


VANCE, Circuit Judge:

This case presents the issue of whether the government may engage in undercover operations after it has obtained a lawful search warrant. The district court granted defendants' motion to suppress evidence, holding that an undercover investigation undertaken after a warrant had been obtained but prior to its execution constituted "manipulation" of the judicial process and therefore invalidated the warrant...

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