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U.S. v. ZIEGLER

No. CR 93-20007 JW.

831 F.Supp. 771 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Paul M. ZIEGLER, Defendant-Appellee.

United States District Court, N.D. California.

September 8, 1993.

Attorney(s) appearing for the Case

Parker Singh, Asst. U.S. Atty., Evan W. Jones, Sp. Asst. U.S. Atty., San Jose, CA, for plaintiff-appellant.

John A. Turner, Marina, CA, for defendant-appellee.

ORDER REVERSING MAGISTRATE JUDGE'S ORDER

WARE, District Judge.

Plaintiff-Appellant United States of America ("Plaintiff") appeals Magistrate Judge Garrett's January 7, 1993 order granting Defendant-Appellee Paul M. Ziegler's ("Defendant") motion to suppress evidence of driving under the influence of alcohol obtained when Defendant was stopped at a sobriety checkpoint. Because the Court finds that the Magistrate Judge erroneously construed the Constitutional...

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