BARTHOLOMEW v. COM. OF PA.

No. 99-1755.

221 F.3d 425 (2000)

Gene BARTHOLOMEW; Robin Bartholomew, Husband and Wife, v. COMMONWEALTH OF PA; Office of Attorney General; Bureau of Narcotics Investigation & Drug Control; Financial Investigation Unit; Scott L. Fraley, Agent; Scott L. Fraley, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed August 7, 2000.


Attorney(s) appearing for the Case

Howard G. Hopkirk, Deputy Attorney General, Office of the Attorney General, Harrisburg, PA, for Appellant.

Richard W. Kolosky, Richard W. Kolosky, P.C., Bethlehem, PA, for Appellee.

Before SLOVITER, BARRY and ALDISERT, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge:

This appeal requires us to decide whether, at the time of the events in question, the law was clearly established that one has a constitutional right to be free from a search in which the list of items to be seized does not appear on the face of the warrant but, rather, is sealed. Because this narrow question has heretofore escaped the attention of the courts, the answer is self evident and, thus, the District Court...

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