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U.S. v. PRATT

No. 04-15168.

438 F.3d 1264 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Dwight A. PRATT, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 8, 2006.

Attorney(s) appearing for the Case

Chet Kaufman and Randolph P. Murrell, Fed. Pub. Defenders, Tallahassee, FL, for Pratt.

Terry Flynn, E. Bryan Wilson, U.S. Atty., Tallahassee, FL, for U.S.

Before BIRCH, WILSON and COX, Circuit Judges.

WILSON, Circuit Judge:

Dwight A. Pratt appeals the denial of his motion to suppress evidence used to secure his convictions. His appeal presents us with the following question: When a search warrant is lost after its execution and is missing at a suppression hearing, does the Fourth Amendment prohibit the use of other evidence to prove the warrant's existence and descriptive language? We hold that the Fourth Amendment does...

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