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U.S. v. CERTAIN REAL PROPERTY LOC. AT 987 FISHER RD.

88-CV-71360-DT.

719 F.Supp. 1396 (1989)

UNITED STATES of America, Plaintiff, v. CERTAIN REAL PROPERTY LOCATED AT 987 FISHER ROAD, GROSSE POINTE, MICHIGAN, Defendant.

United States District Court, E.D. Michigan, S.D.

June 26, 1989.

Attorney(s) appearing for the Case

William Sauget, Sp. Asst. U.S. Atty., Detroit, Mich., for plaintiff.

Brian Legghio, Detroit, Mich., for defendant.

MEMORANDUM OPINION

RALPH M. FREEMAN, District Judge.

Claimants Pamela Gianopoulos Antonow and Sandra Louise Judd have moved the court to suppress evidence in this forfeiture action. The issue is whether the Fourth Amendment to either the United States Constitution or the Michigan Constitution proscribes the warrantless entry by police upon the curtilage of real property to search and seize garbage set out in the backyard for ordinary garbage collection....

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