UNITED STATES v. VALDES

No. 67 Cr. 805.

280 F.Supp. 172 (1968)

UNITED STATES of America v. Gonzalo VALDES, Defendant.

United States District Court S.D. New York.

February 15, 1968.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U.S. Atty., by John R. Wing, Asst. U. S. Atty., Southern District of New York, New York City, for plaintiff.

Arthur H. Miller, Brooklyn, for defendant.


MOTLEY, District Judge.

Defendant was charged in a four count indictment with a violation of the marihuana and narcotic laws. 21 U.S.C. §§ 173, 174, 176a. Specifically, defendant was charged with the sale of heroin and the receipt of cocaine and marihuana. On the day of trial, defense counsel moved to suppress the seized marihuana and cocaine on the ground that they were the result of an illegal search. The government resisted the motion on two grounds:...

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