U.S. v. GILLENWATERS

89-5040, 89-5041.

890 F.2d 679 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Susan Beth GILLENWATERS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mark Roger RAMEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1989.


Attorney(s) appearing for the Case

Thomas Joseph Touhey, Jr., Charles Martin Carlson, II, for defendants-appellants.

Harvey Ellis Eisenberg, Asst. U.S. Atty. (Breckinridge L. Willcox, U.S. Atty., on brief) for plaintiff-appellee.

Before SPROUSE and WILKINS, Circuit Judges, and BRITT, District Judge for the Eastern District of North Carolina, sitting by designation.


SPROUSE, Circuit Judge:

Appellants Gillenwaters and Ramey here challenge the admission into evidence of narcotics and guns seized from their home pursuant to a search warrant. They contend the warrant was defective because the warrant affidavit was tainted by information obtained during an illegal search. The district court concluded that, although the affidavit contained tainted information, it still supported a finding of probable cause once the tainted material...

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