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UNITED STATES v. ALONZO

No. 887, Docket 71-1063.

447 F.2d 126 (1971)

UNITED STATES of America, Appellant, v. Marcia ALONZO and Oscar Wager, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 18, 1971.

Attorney(s) appearing for the Case

Jack Kaplan, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., and David A. Luttinger, Asst. U. S. Atty., New York City, of counsel), for appellant.

Albert J. Krieger, New York City (Ivan S. Fisher, New York City, of counsel), for defendant-appellee Oscar Wager.

Before MOORE and KAUFMAN, Circuit Judges, and TIMBERS, District Judge.

PER CURIAM:

The United States of America appeals from an order suppressing evidence seized pursuant to a search warrant issued by a United States Commissioner upon the application by affidavit of a Special Agent of the Federal Bureau of Narcotics and Dangerous Drugs. The items suppressed included articles containing narcotic drugs or which appeared to contain such drugs. The Court held that the affidavit was insufficient to establish probable cause for the issuance...

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