United States v. Clement Kolodziej

WISDOM, Circuit Judge:

This is an appeal by the United States from two orders of the district court granting motions to suppress. The questions we review on appeal are (1) whether the trial court erred when it ruled that telephone conversations placed between the defendant and a co-defendant were taped without the latter’s voluntary consent, and (2) whether the record supports the court’s conclusion that evidence seized from the defendant’s home was taken in violation of his constitutional rights. We reverse as to the first question, affirm as to the second question, and remand the case.

I

After…