U.S. v. RUTKOWSKI

No. 88-1730.

877 F.2d 139 (1989)

UNITED STATES of America, Appellant, v. Joseph RUTKOWSKI, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 9, 1989.


Attorney(s) appearing for the Case

Ralph C. Martin, II, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was on brief, for U.S.

Joseph S. Callahan, Fall River, Mass., for Joseph Rutkowski.

Before BREYER and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.


SELYA, Circuit Judge.

In this criminal case, the district court suppressed certain evidence, ruling that the items seized were beyond the scope of the officers' warrant and did not fall within the plain view exception to the fourth amendment. The government appeals the pretrial suppression order pursuant to 18 U.S.C. § 3731. We affirm.

I. BACKGROUND

On November 21, 1985, a state trooper, Robert Friend, obtained warrants to search various premises...

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