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UNITED STATES v. SERNA

No. 85 Cr. 611 (RWS).

625 F.Supp. 548 (1985)

UNITED STATES of America, v. Dario Zapata SERNA, Defendant.

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

December 19, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. (Steven Kaplan, Asst. U.S. Atty., New York City, of counsel), for U.S.

Irving Cohen, New York City, for defendant.

OPINION

SWEET, District Judge.

Defendant Dario Zapata Serna ("Serna") has moved pursuant to Rule 12(b)(3) and Rule 41(f) of the Federal Rules of Criminal Procedure to suppress evidence which the government obtained during his arrest and in a later search of his home on June 19 and 20, 1985. For the reasons set forth below, an evidentiary hearing is required to determine whether the initial occupation of the home was a limited security check or a warrantless...

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