U.S. v. GAMBLE

Nos. 99-2322, 99-2323.

198 F.3d 672 (1999)

UNITED STATES of America, Appellant, v. Randall Lee GAMBLE, Appellee. United States of America, Appellant, v. Nadine Wenig, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 1999.


Attorney(s) appearing for the Case

Richard E. Monroe, Assistant U.S. Attorney, Springfield, Missouri, argued, for Appellant.

Randell K. Wood, Springfield, Missouri, argued (Dee Wampler, Springfield, Missouri, on the brief), for Appellees.

Before: McMILLIAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


FAGG, Circuit Judge.

On April 5, 1997, Springfield, Missouri police officers executed a search warrant on Randall Lee Gamble's and Nadine Wenig's residence. Gamble and Wenig later challenged evidence discovered during the search, claiming the search violated the Fourth Amendment because the officers did not knock and announce themselves before entering. Testimony given at the suppression hearing showed that an officer announced "Police, Search Warrant" and, almost...

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