Daily Case Update Archive

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June 6, 2005

Today's topics: 
- Search and seizure: exigent circumstances, warrantless search

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

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United States v. Plavcak (June 6, 2005) (Appeal from E.D. Ky.)
http://www.ca6.uscourts.gov/opinions.pdf/05a0244p-06.pdf 
The US was investigating International Labor Resources for committing immigration fraud by assisting illegal aliens it recruited to work in the US to obtain false documentation. Plavcak was indicted for interfering with the investigation. Prior to trial, the government dismissed one count and redacted another, and Plavcak responded with a trial memo arguing he could not have violated the statute because INS didn't have a warrant for the items he allegedly destroyed. The district court dismissed the indictment, agreeing with Plavcak's memo and treating it as a motion to dismiss. The government appeals.  AFFIRMED, as to the district court's determination that the statute requires a warrant, but REVERSED, because exigent circumstances justified warrantless seizure, and REMANDED.

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