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U.S. v. REILLY

No. 1787, Docket 95-1024.

76 F.3d 1271 (1996)

UNITED STATES of America, Appellant, v. Kevin C. REILLY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 12, 1996.

Attorney(s) appearing for the Case

Grant C. Jaquith, Assistant U.S. Attorney, Northern District of New York, Syracuse, NY, for Appellant.

James Kerrigan, Ithaca, NY, for Defendant-Appellee.

Before WINTER, LEVAL and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

The good faith exception to the exclusionary rule announced in United States v. Leon, 468 U.S. 897, 922, 104 S.Ct. 3405, 3420, 82 L.Ed.2d 677 (1984), helped free federal courts from a difficult dilemma. Before Leon, federal courts examining the constitutionality of a search had to choose between: (1) holding the search unconstitutional and excluding the...

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