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ROBERT L. WYATT, IV, AND GLOYD MCCOY,
(OCDW 10.16.06), OKC, won a dismissal of a 14-count federal indictment for receipt, distribution and possession of child porn. The dismissal came as a result of an enterprising suppression issue. The search originated in Virginia (search of AOL accounts) and extended to Oklahoma based upon the Virginia search. In a quirky twist of fate for the client, a state court judge apparently issued the search warrant because the full-time federal magistrates were attending a conference. This is allowed under federal law, but the magistrate must be qualified and must be sworn as a part-time magistrate. This was not done, Bob and Gloyd, caught it, and the government was left with a void search warrant (the magistrate had no jurisdiction to issue the warrant). Sharp lawyering!
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