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U.S. v. ROHRIG

No. 94-4207.

98 F.3d 1506 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Donald P. ROHRIG, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 31, 1996.

Attorney(s) appearing for the Case

Vicki S. Marani (argued), Department of Justice, Criminal Division, Appellate Section, Washington, DC, Sean Connelly (briefed), U.S. Department of Justice, Criminal Division, Washington, DC, Robert E. Bulford, Asst. U.S. Attorney, Office of the U.S. Attorney, Akron, OH, for Plaintiff-Appellant.

Tom A. Borcoman (argued and briefed), Borcoman & Lindsey, Canton, OH, for Defendant-Appellee.

Before: SILER and DAUGHTREY, Circuit Judges; ROSEN, District Judge.

ROSEN, D.J., delivered the opinion of the court, in which SILER, J., joined.

DAUGHTREY, J. (pp. 1526-27), delivered a separate dissenting opinion.

ROSEN, District Judge.

In this case, we are called upon to determine whether police officers violated the Fourth Amendment by entering a private home without a warrant in the early hours of the morning in response to a neighbor's complaint about loud music emanating...

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