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United States v. Keszthelyi

308 F.3d 557 (2002)

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United States v. Keszthelyi

United States Court of Appeals for the Sixth Circuit

308 F.3d 557 (2002)

Facts

Rudolph Keszthelyi (defendant) was being investigated for dealing cocaine. The police obtained an arrest warrant for Keszthelyi and a search warrant for his home based on evidence obtained from undercover law-enforcement agents and confidential informants. Keszthelyi was arrested in his vehicle on October 8, and cocaine was found in his car. Law enforcement searched his house on the same day and found guns, money, a digital scale, business records, pills, and drug paraphernalia, but no cocaine. The next day, agents decided to re-enter Keszthelyi’s house and continue the search but did not obtain a second search warrant. During this second search on October 9, approximately one ounce of cocaine was found behind Keszthelyi’s oven. On October 11, law enforcement obtained a new warrant to search the house again based on new information obtained from witnesses. No drugs were found during this third search. At trial, Keszthelyi filed a motion to suppress the evidence seized in the three searches based on a number of theories, including that the October 9 search was invalid because a new warrant should have been obtained prior to that search. The district court denied Keszthelyi’s motion, and he appealed the denial.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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