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UNITED STATES v. FIGUEROA

No. 68, Docket 27852.

323 F.2d 729 (1963)

UNITED STATES of America, Appellee, v. Edmond FIGUEROA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 21, 1963.

Attorney(s) appearing for the Case

Gretchen White Oberman, The Legal Aid Society, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on the brief), for defendant-appellant.

Ezra H. Friedman, Asst. U. S. Atty., S.D.N.Y., New York City (Robert M. Morgenthau, U. S. Atty., and James M. Brachman, Asst. U. S. Atty., New York City, on the brief), for appellee.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

Defendant was arrested without a warrant by narcotics agents, who, on the basis of the information of a reliable informant and their own investigation and surveillance, had reason to believe that he was a seller of narcotics and was then in possession of a quantity of heroin. Prior to his trial, defendant moved to suppress the evidence consisting of narcotics obtained in the search subsequent to his arrest, on the grounds that he was arrested without probable...

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