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U.S. v. RUSH

No. 14-4695.

808 F.3d 1007 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth RUSH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2015.

Attorney(s) appearing for the Case

ARGUED: Rhett Hunter Johnson , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. John J. Frail , Office Of The United States Attorney, Charleston, West Virginia, for Appellee.

ON BRIEF: Christian M. Capece , Federal Public Defender, Jonathan D. Byrne , Office of the Federal Public Defender, Charleston, West Virginia, for Appellant. R. Booth Goodwin II , United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.

Reversed and remanded by published opinion. Judge WYNN wrote the opinion, in which Judge FLOYD and Judge Thacker joined.

A law enforcement officer knowingly lied to Defendant Kenneth Rush by claiming that he had a warrant to search the apartment where Defendant was staying when no warrant in fact existed. The district court held that the officer's false statement stripped Defendant of his Fourth Amendment right to object to the search, but declined...

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