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U.S. v. TAYLOR

No. 09-3019.

600 F.3d 678 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Mark TAYLOR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2010.

Attorney(s) appearing for the Case

ARGUED: David M. Toepfer, Assistant United States Attorney, Youngstown, Ohio, for Appellant. Anthony J. Vegh, Law Offices, Cleveland, Ohio, for Appellee. ON BRIEF: David M. Toepfer, Assistant United States Attorney, Youngstown, Ohio, for Appellant. Anthony J. Vegh, Law Offices, Cleveland, Ohio, for Appellee.

GILMAN, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. KETHLEDGE, J. (pp. 685-86), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

After apprehending Mark Taylor on a state warrant for his arrest, law enforcement officers received permission from the female tenant of the apartment where he was found to search the premises. They discovered a closed shoebox labeled for a pair of men's basketball shoes. The shoebox was surrounded and partially covered by men's clothing and lay in the corner of a closet in a spare bedroom that contained additional...

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