U.S. v. MAXWELL

Crim. No. H-89-336.

738 F.Supp. 1043 (1990)

UNITED STATES of America v. Bryan MAXWELL.

United States District Court, S.D. Texas, Houston Division.

February 12, 1990.


Attorney(s) appearing for the Case

Bert Isaacs, Asst. U.S. Atty., Houston, Tex., for plaintiff.

Thomas J. Bevans, Houston, Tex., for defendant.


OPINION ON SUPPRESSION OF EVIDENCE

HUGHES, District Judge.

The question in this case is whether the evidence seized during a warrantless search should be suppressed. The search had two distinct phases: an initial sweep and later searches of the building while agents were in the process of obtaining a warrant. Because the evidence was seized through an unjustified search, it must be suppressed.

1. Background.

Agents of the Drug Enforcement...

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