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U.S. v. GARCIA

No. 88-6276.

890 F.2d 355 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. Juan Jose GARCIA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 11, 1989.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Dawn Bowen, and Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

Michael O'Kane, Ft. Lauderdale, Fla., for defendant-appellee.

Before FAY and KRAVITCH, Circuit Judges, and CASTAGNA, District Judge.

FAY, Circuit Judge:

The United States appeals the district court's ruling in favor of suppressing physical evidence discovered at the residence of defendant Juan Garcia. The court held that the consent which Garcia gave government agents to search his house was not given freely, voluntarily, and knowledgeably because of the circumstances existing at the time the consent was given. The government argues that the conditions...

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