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U.S. v. CEBALLOS

Nos. 371, 516, Dockets 86-1273, 86-1299.

812 F.2d 42 (1987)

UNITED STATES of America, Appellee, v. Abraham CEBALLOS and Efrain Adames, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 13, 1987.

Attorney(s) appearing for the Case

Peter Shelley Zeiler, New York City, for defendant-appellant Ceballos.

Phylis Skloot Bamberger, The Legal Aid Society, New York City, for defendant-appellant Adames.

Baruch Weiss, Asst. U.S. Atty., New York City (Rudolph W. Giuliani, U.S. Atty., Kenneth Roth, Asst. U.S. Atty., New York City, on the brief), for appellee.

Before FEINBERG, Chief Judge, NEWMAN and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The principal issue raised on this appeal is whether a criminal suspect who passively obeys a law enforcement agent's stern request to accompany him to his field office for questioning has been "seized" within the meaning of the Fourth Amendment to the United States Constitution. The issue arises on an appeal by Efrain Adames and Abraham Ceballos from judgments of the District Court for the Southern District of New York (Gerard L. Goettel...

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