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UNITED STATES v. PAEPKE

No. 76-1203.

550 F.2d 385 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas A. PAEPKE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1977.

As Amended March 28, 1977.

Attorney(s) appearing for the Case

Scott P. Crampton, Asst. Atty. Gen., Carleton D. Powell, Atty., Tax Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Charles E. Neider, Madison, Wis., for appellee.

Before CASTLE, Senior Circuit Judge, TONE, Circuit Judge, and KUNZIG, Judge.

KUNZIG, Judge.

This case of first impression asks the court to determine to what extent the exclusionary rule1 prohibits the use of illegally seized evidence to prove tax fraud allegedly committed some months after the seizure. District Judge Doyle, in the Western District of Wisconsin, suppressed all evidence arising from an illegal seizure by county authorities. The Government appeals, with jurisdiction of the court based upon 18 U.S...

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