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U.S. v. GERBER

No. 92-2182.

994 F.2d 1556 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Jeffrey Todd GERBER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 1993.

Attorney(s) appearing for the Case

Teri Donaldson, Karla Spaulding, Tamra Phipps and Edmund Searby, Asst. U.S. Attys., Tampa, FL, for plaintiff-appellant.

Deborah Jordan and S. Craig Alldredge, Asst. Federal Public Defenders, Tampa, FL, for defendant-appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and CLARK, Senior Circuit Judge.

BIRCH, Circuit Judge:

In this interlocutory appeal, we address the constitutionality of a search, which was not executed completely before expiration of the authorizing warrant. The district court suppressed evidence obtained both from the initial search and the continuation of that search. Following our review of the record in this case, we REVERSE and REMAND.

I. BACKGROUND

On August 27, 1991, a white...

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