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U.S. v. PROELL

No. 06-3324.

485 F.3d 427 (2007)

UNITED STATES of America, Appellee, v. Jerald Vincent PROELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 23, 2007.

Attorney(s) appearing for the Case

Justine Vinje, argued, Bismarck, ND, for appellant.

Paul R. Emerson, argued, Spec. Asst. U.S. Atty., Bismarck, ND, for appellee.

Before LOKEN, Chief Judge, SMITH and GRUENDER, Circuit Judges.

SMITH, Circuit Judge.

Jerald Vincent Proell was charged with three illegal weapon and narcotics offenses,1 after officers executing search warrants on Proell's property discovered firearms, ammunition, drugs, and drug paraphernalia. Proell moved to suppress the evidence, claiming that the initial warrant lacked probable cause and that the subsequently discovered evidence was "fruit of the poisonous tree." The district court

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