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This is a paper dealing with search and seizure laws relevant tot Constitutional Law

Date Submitted: 07/17/2001 05:10:46
Category: / Law & Government
Length: 5 pages (1510 words)
Views: 44101

Bob Chattin 11/27/01 Criminal Law and Procedure Dr. Smith-Alder United States v. Coffman 4:97CR344 Final decision I.Proceedings Below: Appellant was charged in the United States District Court Eastern District of Missouri, Cause Number: 4:97CR344 for violations of 21 USCA 841(d)(1) and 18 USC 922(9)(1). The gun charge under 18 USC 922(9)(1) was dropped as a result of a plea agreement, and the Appellant entered a conditional guilty plea under Rule 11 F.R.C.P. The conditional plea left open the …

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…taken before his Miranda Rights were read are null and void. This covers not only the consent to the search, but also the fruits of the search as well. Due to the failure of the State to disprove any of these findings we are forced to reverse the decision of the Appeals Court. This case is to be remanded back to the District Court with the suppression of all evidence attained by the illegal search.

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