U.S. v. MOORE

No. 90-2330.

956 F.2d 843 (1992)

UNITED STATES of America, Appellant, v. Phillip MOORE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1992.


Attorney(s) appearing for the Case

Donald L. Schense, Omaha, Neb., argued (Ronald D. Lahners, on brief), for appellant.

James M. Davis, Omaha, Neb., argued, for appellee.

Before MAGILL, BEAM and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

The United States appeals an order of the district court granting appellee Phillip Moore's motion to suppress evidence seized in a search conducted by state law enforcement officers pursuant to a state search warrant. The district court held that the no-knock entry authorized by the warrant violated the knock-and-announce requirements of 18 U.S.C. § 3109. We conclude that this federal statute is inapplicable and that, under Nebraska law...

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