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Criminal Procedure Keyed to Dressler
Murray v. United States
Citation:487 U.S. 533, 108 S.Ct. 2529, 101 L.Ed.2d 472.
Federal law enforcement agents had been surveilling the defendant and several of his co-conspirators. They observed the defendant drive a truck into a warehouse and his co-conspirator drive a camper into the warehouse. The vehicles were later lawfully seized and both vehicles were found to contain marijuana.
After receiving this information, several of the agents forced entry into the warehouse. They found the warehouse unoccupied, but observed in plain view numerous burlap-wrapped bales that were later found to contain marijuana. They left without disturbing the bales, kept the warehouse under surveillance, and did not reenter it until they had a search warrant. In applying for the warrant, the agents did not mention the prior entry, and did not rely on any observations made during that entry. When the warrant was issued, the agents immediately reentered the warehouse and seized 270 bales of marijuana and notebooks listing customers for whom the bales were destined.
Before trial, the defendant moved to suppress the evidence found in the warehouse, arguing that the warrant was invalid because the agents did not inform the judge about their prior warrantless entry, and that the warrant was tainted by that entry. The District Court denied the motion, and the First Circuit affirmed.
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