U.S. v. GANTT

No. 98-50171.

179 F.3d 782 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Pamela Jean GANTT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission withdrawn January 12, 1999.

Resubmitted May 25, 1999.

Filed June 7, 1999.


Attorney(s) appearing for the Case

Joseph Brannigan, Assistant United States Attorney, San Diego, California, for the plaintiff-appellant.

Benjamin Coleman, Federal Public Defender, San Diego, California, for the defendant-appellee.

Before: LAY, GOODWIN, and SCHROEDER, Circuit Judges.


GOODWIN, Circuit Judge:

In this interlocutory appeal from a suppression order, the government argues that F.R.Cr.P. 41(d) does not require agents to serve a copy of a search warrant on a person present at the search of her property. Instead, the government contends that Rule 41(d) is satisfied if a copy of the warrant is left behind at the scene after the search is completed, even if the person is first arrested and thus has no opportunity to examine the warrant left...

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