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U.S. v. EALY

No. 1:00CR00104.

163 F.Supp.2d 633 (2001)

UNITED STATES of America v. Samuel Stephen EALY, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

August 23, 2001.

Attorney(s) appearing for the Case

Thomas J. Bondurant, Jr., and Anthony P. Giorno, Office of the United States Attorney, Roanoke, Virginia, for United States of America.

Thomas R. Scott, Jr., Street Law Firm, Grundy, Virginia, and Thomas M. Blaylock, Roanoke, Virginia, for Defendant Samuel Stephen Ealy.

OPINION

JONES, District Judge.

In this capital criminal case, I deny the defendant Ealy's motion to suppress evidence seized by law enforcement officers from a garage near the defendant's residence because I find that the defendant had no legitimate expectation of privacy in the garage, which was open to the public for commercial purposes.

I

The defendant, Samuel Stephen Ealy, and a co-defendant, Walter Lefight Church, were indicted on...

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