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UNITED STATES v. IOVINE

No. 77 CR 540.

444 F.Supp. 1085 (1978)

UNITED STATES of America, Plaintiff, v. Donato IOVINE, Defendant.

United States District Court, E. D. New York.

January 10, 1978.

Attorney(s) appearing for the Case

David Trager, U. S. Atty., Brooklyn, N. Y. (Douglas K. Mansfield, Brooklyn, N. Y., of counsel), for plaintiff.

Richard Rozenkranz, Brooklyn, N. Y., for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Defendant has moved to suppress seventy-two cases of Dewars Scotch whiskey which were found by a Federal Bureau of Investigation ("FBI") agent in a blue Chevrolet step van owned by defendant and parked on the street in front of his residence. The sole question is whether defendant gave a valid "consent" to the FBI search of the step van.

A hearing was held, and three FBI agents in addition to defendant...

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