UNITED STATES v. ROSARIO

No. 82, Docket 76-1197.

543 F.2d 6 (1976)

UNITED STATES of America, Appellant, v. Angel ROSARIO, Appellee.

United States Court of Appeals, Second Circuit.

Decided October 14, 1976.


Attorney(s) appearing for the Case

Josephine Y. King, Asst. U.S. Atty., Brooklyn, N.Y. (David G. Trager, U.S. Atty., E.D.N.Y., Paul B. Bergman, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellant.

Richard I. Rosenkranz, Brooklyn, N.Y., for appellee.

Before SMITH, OAKES and MESKILL, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

This is an appeal by the United States, pursuant to 18 U.S.C. § 3731, from an order of the United States District Court for the Eastern District of New York, John R. Bartels, Judge, in a criminal narcotics case granting motion to suppress evidence seized when defendant was searched following his arrest without a warrant. We find no error and affirm the suppression order.

I.

On January 16, 1975 Horace Balmer, an...

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