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UNITED STATES v. BARBERA

No. 566, Docket 74-2399.

514 F.2d 294 (1975)

UNITED STATES of America, Appellant, v. Guiseppe BARBERA, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 24, 1975.

Attorney(s) appearing for the Case

Thomas P. O'Sullivan, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty., N. D. N. Y., of counsel), for appellant.

Dennis B. Schlenker, Albany, N. Y. (Feit, Schlenker & Patack, Albany, N.Y., Fried, Fragomen & Del Rey, New York City, of counsel), for appellee.

Before SMITH, OAKES and TIMBERS, Circuit Judges.

OAKES, Circuit Judge:

This is a so-called "border search" case. On December 31, 1973, the appellee, Barbera, an Italian citizen who had entered the United States through Canada, was detained by a border patrol agent when he failed to respond to questions regarding his citizenship during a "roving patrol" of a bus at the depot in Malone, New York.1 He was led from the bus in custody, and at the...

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