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UNITED STATES v. DIEN

Nos. 1080-2, Dockets 79-1036, 79-1072 and 79-1075.

615 F.2d 10 (1980)

UNITED STATES of America, Appellee, v. Donald J. DIEN, Sanford S. Gendler, and Michael E. Dakota, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 26, 1979.

Petition for Rehearing Filed December 12, 1979.

Decided January 31, 1980.

STEWART, District Judge:

In regard to the Government's argument that a "security search of the photo studio" was permissible, the panel opinion made it quite clear that "where the agents have reason to believe other suspects were in the apartment," exigent circumstances exist. U. S. v. Dien, 609 F.2d 1038 at 1047 (2nd Cir.). Here, however, they did not, as indicated by DiGravio's not searching the room immediately upon entering...

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