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United States Eighth Circuit


US v. Swope, 07-3632

In a prosecution for bank robbery and use of a firearm in furtherance of a crime of violence, partial denial of defendant's motion to suppress is affirmed where: 1) the district court did not commit clear error in finding that police would have brought an individual to identify a vehicle behind defendant's residence regardless of a prior illegal entry and interrogation; 2) a finding that officers would have sought a warrant without illegally obtained information was supported by substantial evidence in the record; and 3) the redacted application supported probable cause.

Appellate Information

  • Decided 09/12/2008
  • Published 09/12/2008

Judges

  • HANSEN, Circuit Judge., Before RILEY, BOWMAN, and HANSEN, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • James F. Whalen, AFPD, argued, Des Moines, IA, for appellant.

  • For Appellees:
  • William C. Purdy, AUSA, argued, Des Moines, IA, for appellee.
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