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U.S. v. SCOTT

No. CR. 96-30076-01.

945 F.Supp. 205 (1996)

UNITED STATES of America, Plaintiff, v. Will E. SCOTT, Sr., Defendant.

United States District Court, D. South Dakota, Central Division.

October 22, 1996.

Attorney(s) appearing for the Case

Thomas J. Wright, Assistant United States Attorney, Pierre, SD, for Plaintiff.

Patricia A. Carlson, Carlson Law Office, Pierre, SD, for Defendant.

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO SUPPRESS

MORENO, United States Magistrate Judge.

BACKGROUND

Defendant, Will E. Scott, Sr., was arrested on May 20, 1996 and charged by information with possession of a controlled substance (marijuana) in violation of 21 U.S.C. § 844 (a misdemeanor). Subsequently, counsel was appointed and, following a preliminary hearing, defendant was held to answer the controlled substance charge. After executing...

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