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UNITED STATES v. REID

Nos. 771, 772, Dockets 74-2598, 74-2599.

517 F.2d 953 (1975)

UNITED STATES of America, Appellee, v. Daniel REID and Theodore E. Thomas, Jr., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 24, 1975.

Attorney(s) appearing for the Case

Ronald Gene Wohl, New York City, for defendant-appellant Reid.

E. Thomas Boyle, Fed. Defender Services, Legal Aid Society, New York City (William J. Gallagher, and The Legal Aid Society, Fed. Defender Services Unit, New York City, of counsel), for defendant-appellant Thomas.

Steven A. Schatten, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty. for the Southern District of New York, and John D. Gordan, III, Asst. U. S. Atty., of counsel), for appellee.

Before FRIENDLY and MANSFIELD, Circuit Judges, and BARTELS, District Judge.

FRIENDLY, Circuit Judge:

About four o'clock in the afternoon of August 1, 1974, Special Agent Patrick Shea of the Drug Enforcement Administration (DEA) went to a barbershop in the Bronx to get a haircut during a late lunch period. Five minutes later, hearing a commotion in an immediately adjacent liquor store, he rose from the barber's chair and, still clad in his gown, entered the store, but not before taking out his DEA badge, clearly displayed in its case, with...

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