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UNITED STATES v. LLANES

No. 261, Docket 30133.

357 F.2d 119 (1966)

UNITED STATES of America, Appellant, v. Raymond LLANES, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 8, 1966.

Attorney(s) appearing for the Case

Paul K. Rooney, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, and Neal J. Hurwitz, Asst. U. S. Atty., New York City, on the brief), for appellant.

Joshua N. Koplovitz, New York City (Anthony F. Marra, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, KAUFMAN, Circuit Judge, and FEINBERG, District Judge.

LUMBARD, Chief Judge:

The United States appeals, pursuant to 18 U.S.C. § 1404(2), from an order of the District Court for the Southern District of New York, entered September 29, 1965, which suppressed narcotics seized from the defendant at the time of his arrest on June 25, 1965. We hold that probable cause existed for the arrest and search, and reverse the order of the district court.

As the defendant's counsel conceded on this appeal, the testimony...

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