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U.S. v. BROWN

No. 09-3643.

631 F.3d 638 (2011)

UNITED STATES of America, Appellant v. Allen BROWN, a/k/a Allan Brown, Appellee.

United States Court of Appeals, Third Circuit.

Filed: January 20, 2011.

Attorney(s) appearing for the Case

Rebecca R. Haywood, Esq. (Argued), Office of the United States Attorney, Pittsburgh, PA, for Appellant.

Elisa A. Long, Esq. (Argued), Marketa Sims, Esq. , Office of the Federal Public Defender, Pittsburgh, PA, for Appellee.

Before: SMITH, FISHER, and COWEN, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

Defendant Allen Brown stands indicted on charges of bank robbery, 18 U.S.C. § 2113(a), and armed bank robbery, 18 U.S.C. § 2113(d). The District Court granted Brown's motion to suppress a sample of his DNA, on the ground that it had been obtained by way of a materially and recklessly false warrant affidavit, in violation of the Fourth Amendment as interpreted by Franks v. Delaware, ...

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