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United States Seventh Circuit


US v. DiModica, 05-4164

Denial of motion to suppress firearms seized from defendant's home in a prosecution for possession of a firearm by a felon is affirmed where: 1) findings that the defendant invited arresting officers into his home were not clearly erroneous; and 2) the consent to search given by defendant's wife fell outside the restrictions created by Georgia v. Randolph, 126 S. Ct. 1515 (2006), since defendant never expressed his objection to the search.

Appellate Information

  • Argued 10/17/2006
  • Decided 11/16/2006
  • Published 11/16/2006

Judges

  • BAUER, Circuit Judge., Before FLAUM, Chief Judge, and BAUER and EASTERBROOK, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Laura A. Przybylinski (argued), Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee., Mark A. Eisenberg (argued), Madison, WI, for Defendant-Appellant.
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