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UNITED STATES v. MARTINEZ-GONZALEZ

No. 546, Docket 81-1366.

686 F.2d 93 (1982)

UNITED STATES of America, Appellant, v. Ivo MARTINEZ-GONZALEZ, and Aurora Sanchez-Sanchez, Appellee-Defendants.

United States Court of Appeals, Second Circuit.

Decided July 30, 1982.

Attorney(s) appearing for the Case

Jane Simkin Smith, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty. for the Eastern District of New York, John B. Latella, Jr., Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for appellant.

Edward R. Panzer, New York City, for appellee-defendant, Aurora Sanchez-Sanchez.

Michael L. Santangelo, New York City, for appellee-defendant, Ivo Martinez-Gonzalez.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and FRIEDMAN, Chief Judge, United States Court of Claims.

FRIEDMAN, Chief Judge, United States Court of Claims:

This is an appeal by the United States pursuant to 18 U.S.C. § 3731 (1976) from a judgment of the United States District Court for the Eastern District of New York (Bartels, J.) suppressing evidence seized in an apartment in connection with the warrantless arrest of appellee-defendant, Ivo Martinez-Gonzalez. We reverse.

I.

A. The pertinent facts, as found by the district court and not here...

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