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U.S. v. McQUAGGE

No. 6:91 CR 57.

787 F.Supp. 637 (1991)

UNITED STATES of America v. Thomas Clyde McQUAGGE, Jr., Karl Briceland McCurdy and Don Overton Mallory.

United States District Court, E.D. Texas, Tyler Division.

As Amended March 9, 1992.

Attorney(s) appearing for the Case

Jim Middleton, Tyler, Tex., for plaintiff.

Dale Long, Jeff Baynham, Tyler, Tex., Webb Baird, Paris, Tex., for defendants.

AMENDED MEMORANDUM OPINION

JUSTICE, District Judge.

Defendants, Thomas Clyde McQuagge, Jr. and Karl Briceland McCurdy, have moved to suppress evidence, arguing that it was obtained in violation of their Fourth Amendment rights, because the evidence obtained was the fruit of an illegal arrest. In addition, defendant McCurdy has moved to suppress statements made to a law enforcement officer, as obtained in violation of his fifth amendment right against self...

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