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U.S. v. DICE

No. 98-3092.

200 F.3d 978 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Robert DICE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 6, 2000.

Attorney(s) appearing for the Case

Louis M. Fischer (argued and briefed), Dept. of Justice, Criminal Division, Appellate Section, Washington, DC, Robyn Jones, Office of U.S. Attorney, Columbus, OH, for Plaintiff-Appellant.

Gordon Hobson (argued and briefed), Steven R. Keller, Fed. Public Defender, Federal Public Defender's Office, Southern District of Ohio, Columbus, OH, for Defendant-Appellee.

William A. Hasselbach (briefed), Rittgers & Mengle, Lebanon, OH, for Ohio Association of Criminal Defense Lawyers, Amicus Curiae.

Before: JONES, COLE, and GILMAN, Circuit Judges.

OPINION

NATHANIEL R. JONES, Circuit Judge.

This case arises from a battle in the "war on drugs" that the Government lost because it failed to abide by one of the key rules of engagement. Specifically, the district court found a violation of the Fourth Amendment's knock-and-announce rule and excluded evidence seized in the resulting search. Acknowledging its constitutional infraction, the United States challenges...

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