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U.S. v. ERICKSON

No. 92-30107.

991 F.2d 529 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Ronald A. ERICKSON, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1993.

Attorney(s) appearing for the Case

Sean Connelly, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Michael Filipovic, Asst. Federal Public Defender, Seattle, WA, for defendant-appellee.

Before: WALLACE, Chief Judge, SKOPIL, and LEAVY, Circuit Judges.

WALLACE, Chief Judge:

The government appeals from the district court's order granting Erickson's pretrial motion to suppress evidence seized pursuant to a search of his residence. The sole issue on appeal is whether the probable cause and warrant requirement of the Fourth Amendment apply when a police officer pulls back a plastic sheet covering a window and looks inside a basement during a burglary investigation. The district court had jurisdiction pursuant to 18...

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