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UNITED STATES v. RITTER

No. 04-3489.

416 F.3d 256 (2005)

UNITED STATES of America; Government of the Virgin Islands, Appellants v. Ernie RITTER; Reggy Ritter; Dale Ritter.

United States Court of Appeals, Third Circuit.

Filed August 3, 2005.

Attorney(s) appearing for the Case

Bruce Z. Marshack, Office of the U.S. Attorney, Christiansted, St. Croix, USVI, Richard A. Friedman [Argued], U.S. Department of Justice, Criminal Division, Appellate Section, Washington, DC, for Appellants United States of America: Government of the Virgin Islands.

Jomo Meade [Argued], Frederiksted, St. Croix, USVI, for Appellee Ernie Ritter.

Martial A. Webster, Frederiksted, St. Croix, USVI, for Appellee Reggy Ritter.

Thurston T. McKelvin [Argued], Kirsten G. Downs, Office of Federal Public Defender, Christiansted, St. Croix, USVI, for Appellee Dale Ritter.

Before NYGAARD, RENDELL and SMITH, Circuit Judges.

RENDELL, Circuit Judge.

The United States of America and the Government of the Virgin Islands (collectively, the "government") appeal from the order of the District Court of the Virgin Islands granting brothers Ernie, Reginald and Dale Ritter's motion to suppress physical evidence. We will vacate the order of the District Court and remand for further findings consistent with this opinion.

I. BACKGROUND

A. Facts

In August of 2002, while...

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