US v. Fagan, No. 08-1787

By FindLaw Staff on August 14, 2009 | Last updated on March 21, 2019

District court judgment denying a motion to suppress evidence is affirmed where the court properly ruled that the storage closet in question, although not itself within the apartment or separately specified in the warrant, was appurtenant to the apartment and therefore validly searched.    

Read US v. Fagan, No. 08-1787

Appellate Information
Appeal from the United States District Court for the District of Massachusetts.
Decided August 13, 2009

Judges
Before Boudin, Selya and Dyk, Circuit Judges.
Opinion by Selya, Circuit Judge. 

Counsel
For Appellant: Ryan M. Schiff, Salsberg & Schneider.

For Appellee:  F. Thompson Reece, Special Assistant United States Attorney.

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