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U.S. v. WARNER

No. 87-1084.

843 F.2d 401 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Avery Jay WARNER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 5, 1988.

As Amended June 16, 1988.

Attorney(s) appearing for the Case

David F. Levi, U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

Robert M. Holley, Asst. Federal Defender, Sacramento, Cal., for defendant-appellee.

Before SCHROEDER, PREGERSON and BRUNETTI, Circuit Judges.

SCHROEDER, Circuit Judge:

The Government appeals from an order granting the defendant's motion to suppress evidence in this prosecution for possessing a controlled substance used to manufacture methamphetamine. The evidence suppressed was obtained through a warrantless search of a garage leased to the defendant. The Government's principal justifications for the search were (1) that the landlord had provided requisite consent, or (2) that there were exigent circumstances...

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