U.S. v. CONINE

No. 93-4873.

33 F.3d 467 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. David Milton CONINE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 16, 1994.


Attorney(s) appearing for the Case

Clifford Stricklin, Asst. U.S. Atty., Bob Wortham, U.S. Atty., Sherman, TX, for appellant.

Thomas B. McClain, Tyler, TX, (court-appointed), for appellee.

Before POLITZ, Chief Judge, DAVIS and WIENER, Circuit Judges.


POLITZ, Chief Judge:

The government appeals the decision of the district court excluding, in the prosecution of David Milton Conine, all evidence resulting from execution of a state-issued search warrant. For the reasons assigned we reverse and remand.

Background

In August 1992 a joint state and federal investigation uncovered marihuana growing in a rural area of Red River County, Texas. State law enforcement officers maintaining ground surveillance...

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