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WHITE v. MOULDER

No. 93-1307.

30 F.3d 80 (1994)

Ronald WHITE; Jodi White, Appellants, v. William MOULDER, in his official capacity as Chief of Police of the City of Des Moines; Ronald Foster, individually and in his official capacity as Police Officer of the City of Des Moines, IA; David Noel, individually and in his official capacity as Police Officer of the City of Des Moines, IA; Polk County, IA; City of Des Moines, IA; James Ramey, individually and in his official capacity as an Assistant Polk County Attorney, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1994.

Rehearing and Suggestion for Rehearing Denied August 1994.

Attorney(s) appearing for the Case

Alfredo Parrish, Des Moines, IA, argued for appellant.

Mark Godwin, Des Moines, IA, argued (Bruce Bergman, on the brief), for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 1994.

FAGG, Circuit Judge.

Des Moines police officer Ronald White supervised a search in which police officers seized ten $100 bills and a winning $50 lottery ticket from suspects accused of drug charges. Police officers photographed the seized currency and lottery ticket at the scene of the search. When the prosecution offered the seized evidence at the suspects' state court trial, the lottery ticket...

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