No. 05-41763.

487 F.3d 304 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Phillip BRUNO; Christopher Jerome Caldwell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 18, 2007.

Attorney(s) appearing for the Case

Peter Rodney Mason (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, Michelle Palacios, McAllen, TX, for U.S.

Ali Fazel (argued), Scardino & Fazel, Houston, TX, for Bruno.

Richard Edward Banks (argued), Lockhart, TX, for Caldwell.

Before GARWOOD, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The district court granted Phillip Bruno and Christopher Caldwell's joint motion to suppress evidence found pursuant to a search that the court found to have violated the knock-and-announce rule. After this ruling, the Supreme Court held in Hudson v. Michigan, ___ U.S. ___, 126 S.Ct. 2159, 2165, 165 L.Ed.2d 56 (2006), that the exclusionary rule is inapplicable to Fourth Amendment knock-and-announce violations. We consider whether...

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