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U.S. v. GILBERT

No. 90-3268.

942 F.2d 1537 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Clem Rence GILBERT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 25, 1991.

Attorney(s) appearing for the Case

William M. Kent, Asst. Federal Public Defender, Jacksonville, Fla., for defendant-appellant.

John D. Lawlor, III, Paul I. Perez, Asst. U.S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge and HILL, Senior Circuit Judge.

HILL, Senior Circuit Judge:

Appellant, a criminal defendant, challenges a search warrant directed to the Sheriff and Deputy Sheriffs of Duval County, Florida, but executed by two federal agents and two municipal police officers. Since Florida law requires that "search warrant[s] [only] ... be served by any of the officers mentioned in its direction," appellant contends that the district court should have suppressed the evidence seized pursuant to that warrant as the...

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