Legal Opinion

United States v. Hajduk

District Court, D. Colorado

Decided October 19, 2005No. 1:04-cr-00346PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON MOTION TO SUPPRESS AND MOTION FOR FRANKS HEARING

BABCOCK, Chief Judge.

Defendants Albert David Hajduk (“Haj-duk”) and Luxury Wheels O.E.Plating, Inc. (“LW”) move to suppress evidence and information gathered by plaintiff United States of America (“Government”) in a criminal case against Defendants for violating federal environmental laws; or in the alternative, for a Franks hearing. The motion is fully briefed and orally argued. Defendants’ motion is DENIED, for the reasons set forth below.

I. Background

A. Regulatory Framework

LW is a privately owned company based…

2Cases cited28 opinions

  1. Franks v. DelawareSupreme Court of the United States · 1978
  2. Bumper v. North CarolinaSupreme Court of the United States · 1968
  3. Oliver v. United StatesSupreme Court of the United States · 1984
  4. Kyllo v. United StatesSupreme Court of the United States · 2001
  5. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978

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3Cited by2 opinions

  1. COPAR PUMICE COMPANY, INC. v. MorrisDistrict Court, D. New Mexico · 2008
  2. United States v. SpainDistrict Court, N.D. Illinois · 2007

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