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U.S. v. OZAR

No. 94-2740.

50 F.3d 1440 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. I.I. OZAR; Larry J. Bridges; Sherman W. Dreiseszun, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1995.

Rehearing Denied and Suggestion for Rehearing Denied May 25, 1995.

Attorney(s) appearing for the Case

Matt Jeffrey Whitworth, Kansas City, MO (Stephen L. Hill, Jr., Matt J. Whitworth, Marietta Parker and Kenneth E. Weinfurt, on the brief), for appellant.

R. Stan Mortenson, Washington, DC, argued (Charles W. German and Brant M. Laue of Kansas City, MO, on the brief), for I.I. Ozar.

James L. Eisenbrandt, Overland Park, KS, on the brief, for Larry S. Bridges.

Robert J. Campbell, Kansas City, MO, and R. Stan Mortenson, Paul F. Enzinna and David R. Fontaine, Washington, DC, on the brief, for Sherman W. Dreiseszun.

Before BOWMAN and LOKEN, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing Denied and Suggestion for Rehearing En Banc Denied May 25, 1995.

LOKEN, Circuit Judge.

This is an interlocutory appeal in a bidrigging prosecution in which the government proposes to introduce evidence obtained by electronic surveillance. The district court suppressed that evidence on three grounds: because the government violated Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), when it...

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