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UNITED STATES v. TABORDA

No. 1536, Docket 80-1251.

635 F.2d 131 (1980)

UNITED STATES of America, Appellant, v. Miguel Angel TABORDA, Appellee.

United States Court of Appeals, Second Circuit.

Decided November 24, 1980.

Attorney(s) appearing for the Case

Edward R. Korman, U. S. Atty., E.D.N.Y., Brooklyn, N.Y. (David Eisenberg, Asst. U. S. Atty., E.D.N.Y., Brooklyn, N.Y.), for appellant.

Charles L. Weintraub, New York City, for appellee.

Before NEWMAN and KEARSE, Circuit Judges, and DUMBAULD, District Judge.

KEARSE, Circuit Judge:

This appeal presents the question whether the government surveillance of a person in his own home by means of a telescope violates his right to be free from unreasonable searches and seizures under the Fourth Amendment to the Constitution. The United States appeals from an order of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, granting the motion...

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