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U.S. v. HERNANDEZ

No. 02-20287-CR.

214 F.Supp.2d 1344 (2002)

UNITED STATES of America, Plaintiff, v. Jose HERNANDEZ, Defendant.

United States District Court, S.D. Florida, Miami Division.

July 25, 2002.

Attorney(s) appearing for the Case

John C. Shipley, Jr., United States Attorney's Office, PTS Officer, Pretrial Services Office, Probation Officer, United States Probation Office, Miami, FL, for Plaintiff.

Public Defender, Henry Philip Bell, Federal Public Defender's Office, Miami, FL, for Defendant.

ORDER GRANTING MOTION TO SUPPRESS

MORENO, District Judge.

After a warrantless search of the Defendant's home, Government agents found illegal narcotics on the premises which led to the Defendant's arrest for possession with intent to distribute. Defendant filed a motion to suppress the evidence produced by the warrantless search because Defendant's consent was not valid and no exigent circumstances existed to overcome the warrant requirement. After...

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