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UNITED STATES v. RUEDA

No. 591, Docket 76-1429.

549 F.2d 865 (1977)

UNITED STATES of America, Appellant, v. Eliseo Sanchez RUEDA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 10, 1977.

Attorney(s) appearing for the Case

Audrey Strauss, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., for the Southern District of New York, New York City), for appellant.

Jeffrey D. Ullman, New York City (Ivan S. Fisher, Edward M. Chikofsky, New York City, of counsel), for defendant-appellee.

Before MOORE, OAKES and TIMBERS, Circuit Judges.

MOORE, Circuit Judge:

The United States appeals from an order entered in the Southern District of New York, dated August 31, 1976, granting the motion of defendant Eliseo Sanchez Rueda to suppress evidence, namely, a matchbook, obtained in a search incident to his arrest. The court found that no probable cause existed for the arrest of Sanchez Rueda when he was apprehended in a New York hotel and charged with unlawful importation of narcotics. After considering the...

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