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United States v. Dudek

530 F.2d 684 (1976)

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United States v. Dudek

United States Court of Appeals for the Sixth Circuit

530 F.2d 684 (1976)

Facts

Ted Dudek (defendant) was charged with various federal firearms crimes and conspiracy. During the course of the investigation, law enforcement obtained a valid search warrant and searched and seized evidence from a facility. After the search and seizure, the officer in charge of the search failed to comply with an Ohio procedural rule that required an inventory of seized property to be made, verified, and returned to the court promptly. In this case, the required verification and return were not completed for nearly 11 months. Before trial, Dudek filed a motion to suppress the evidence obtained from the search because of the failure to comply with this procedural requirement. The prosecution conceded that the procedural requirement had not been timely completed. Dudek did not claim any prejudice had arisen from this failure. The district court granted Dudek’s motion to suppress, and the prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Edwards, J.)

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