UNITED STATES v. TOBAR

Nos. 900-902, Docket 71-1160-71-1162.

443 F.2d 835 (1971)

UNITED STATES of America, Appellee, v. Humberto TOBAR et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 26, 1971.


Attorney(s) appearing for the Case

Jerome Lewis, New York City (Jerome C. Ditore, New York City, of counsel), for appellant Lopez.

Joseph A. Solovei, Brooklyn, N. Y., for appellants Colon and Tobar.

Peter R. Schlam, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty. for the Eastern District of New York, and David G. Trager, Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY, Chief Judge, WATERMAN and HAYS, Circuit Judges.


PER CURIAM:

The Government's version of the facts in this case was as follows: Pursuant to an informer's tip that the Colombian flag ship Buenaventura was carrying cocaine into the country, two narcotics agents and a customs agent were maintaining surveillance of the vessel, which was docked at a Brooklyn pier, during the early morning hours of May 27, 1970. They observed Lopez dart through an adjacent railroad yard, climb over a fence to the pier area, run...

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