U.S. v. BYARS

Crim. No. 91-00079-A.

762 F.Supp. 1235 (1991)

UNITED STATES of America v. Clifton William BYARS, William Ernest Simms, Sandy Sims, Betty Carroll.

United States District Court, E.D. Virginia, Alexandria Division.

April 24, 1991.


Attorney(s) appearing for the Case

Jay Apperson, Asst. U.S. Atty., Alexandria, Va., for U.S.

James M. Lowe, Alexandria, Va., for Clifton William Byars.

Drewry B. Hutcheson, Jr., Alexandria, Va., for William Ernest Simms.

Joseph McCarthy, Alexandria, Va., for Sandy Sims.

Becky J. Moore, Land, Clark, Carroll & Mendelson, Alexandria, Va., for Betty Carroll.

John T. Richards, Jr., Washington, D.C., for Lisa Carroll.


MEMORANDUM OPINION

ELLIS, District Judge.

Defendants' pretrial suppression and dismissal motions attack (i) the relitigation of the suppression motion on the ground that a prior state court ruling is entitled to preclusive effect, (ii) the execution of the search warrant for failure to comply with the "knock and announce" statute, (iii) the search warrant itself on grounds of staleness, and (iv) the entire prosecution as an oppressive and impermissible effort...

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