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UNITED STATES v. HARRINGTON

No. CR.S-80-157 RAR.

524 F.Supp. 292 (1981)

UNITED STATES of America, Plaintiff, v. John J. HARRINGTON, et al., Defendants.

United States District Court, E. D. California.

October 23, 1981.

Attorney(s) appearing for the Case

Howard E. Beckler, Beckler & Stevens, Hollywood, Cal., Clyde Blackmon, Blackmon, Wasserman & Blicker, E. Richard Walker, Federal Public Defender, Sacramento, Cal., Rodney Beede, Davis, Cal., Dean L. Peterson, Bonham & Peterson, Folsom, Cal., Alan M. May, May, Margolese & King, North Hollywood, Cal., William K. Gamble, Santa Ana, Cal., Harry E. Hull, Jr., Sacramento, Cal., Howard L. Witzman, Los Angeles, Cal., Michael Pancer, Pancer & Sherman, San Diego, Cal., L. Stephen Turer, Santa Rosa, Cal., David F. Grossman, Pacific Grove, Cal., Michael D. Nasatir, Nasatir, Sherman, Hirsch & Re, P.C., Los Angeles, Cal., James H. Newhouse, Salinas, Cal., for defendants.

Thomas T. Couris, Asst. U.S. Atty., Sacramento, Cal., and Steven L. Basha, U.S. Customs Service, Washington, D. C., for the U.S.

MEMORANDUM AND ORDER

RAMIREZ, District Judge.

On August 3, 1981, this Court issued its Order granting the defendant's motion to suppress certain items seized from the defendant's home during the execution of a search warrant. The Court found that the individual who applied for and executed the warrant, an officer of the Customs Bureau, was without any authority to do so, and that therefore the search and its fruits were not admissible against the defendant...

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