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U.S. v. WILHELM

No. 94-5764.

80 F.3d 116 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Lauren Eric WILHELM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 3, 1996.

Attorney(s) appearing for the Case

ARGUED: Edmund L. Gaines, Homesley, Jones, Gaines & Fields, Statesville, North Carolina, for Appellant. Harry Thomas Church, Assistant United States Attorney, Charlotte, North Carolina, for Appellee. ON BRIEF: Sharon D. Jumper, Jumper & Broadway, Charlotte, North Carolina, for Appellant. Mark T. Calloway, United States Attorney, Charlotte, North Carolina, for Appellee.

Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

ERVIN, Circuit Judge:

Appellant Lauren Eric Wilhelm appeals the district court's denial of his motion to suppress evidence seized under a search warrant. State police obtained the warrant based only on a vague tip from an anonymous, unproven informant. We conclude that the warrant was not supported by probable cause and...

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