U.S. v. DIAMOND

No. 86-1380.

820 F.2d 10 (1987)

UNITED STATES of America, Appellant, v. Mitchell DIAMOND, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 1, 1987.


Attorney(s) appearing for the Case

Susan R. Via, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was on supplemental brief, for appellant.

David Berman with whom Berman and Moren, Lynn, Mass., was on supplemental brief for defendant, appellee.

Before CAMPBELL, Chief Judge, and COFFIN, BOWNES, BREYER, TORRUELLA and SELYA, Circuit Judges.


COFFIN, Circuit Judge.

This case comes to us on an appeal by the government from a ruling by the district court granting defendant's pretrial motion to suppress thirteen videotapes, other materials, and statements obtained in a search of his residence. The challenged portion of the search warrant authorized the seizure of videotapes "depicting prepubescent children or children under the age of 18 years involved in sexually explicit conduct." The court concluded that...

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