U.S. v. KOERTH

No. 01-3767.

312 F.3d 862 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Larry L. KOERTH a/k/a Lonnie Younger, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 5, 2002.

Rehearing and Suggestion for Rehearing Denied December 31, 2002.


Attorney(s) appearing for the Case

Timothy M. O'Shea (Argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee.

Stephen J. Meyer (Argued), Madison, WI, for Defendant-Appellant.

Before COFFEY, MANION and WILLIAMS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied December 31, 2002.

COFFEY, Circuit Judge.

Larry L. Koerth appeals the denial of a motion to suppress evidence seized by police officers acting under the authority of a facially valid search warrant issued by a state judge. The district court found that even though the affidavit was insufficient to establish the probable cause requirement for the issuance of a search warrant, the evidence seized was admissible...

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