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POWELL v. NUNLEY

No. CIV-08-0753-HE.

682 F.Supp.2d 1260 (2010)

Tim POWELL and Heather Powell, Plaintiffs, v. Todd NUNLEY, et al., Defendants.

United States District Court, W.D. Oklahoma.

January 14, 2010.

Attorney(s) appearing for the Case

John M. Stuart, Stuart Frieda & Hammond PC, Duncan, OK, for Plaintiffs.

H. Lee Schmidt, U.S. Attorney's Office, Randall J. Wood, Robert S. Lafferrandre, Pierce Couch Hendrickson Baysinger & Green, Oklahoma City, OK, for Defendants.

ORDER

JOE HEATON, District Judge.

The claims in this case arise from the execution of an otherwise valid search warrant on the wrong house. Law enforcement officials obtained a search warrant for 110 W. Osage in Marlow, Oklahoma, correctly believing that to be the address of the person they were investigating. Through circumstances discussed more fully below, the warrant was executed by a search on the adjacent property—106 W. Osage—...

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