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U.S. v. BARRIOS-MORIERA

No. 718, Docket 88-1291.

872 F.2d 12 (1989)

UNITED STATES of America, Appellee, v. Jimmy BARRIOS-MORIERA, Appellant.

United States Court of Appeals, Second Circuit.

Decided March 30, 1989.

Attorney(s) appearing for the Case

Margaret E. Alverson, New York City (Aranda & Guttlein, of counsel) for appellant.

Peter Sheridan, Asst. U.S. Atty., E.D.N.Y. (Andrew J. Maloney, U.S. Atty. John Gleeson, Asst. U.S. Atty., of counsel) for appellee.

Before VAN GRAAFEILAND, CARDAMONE and PIERCE, Circuit Judges.

CARDAMONE, Circuit Judge:

When a police officer seizes a wrapped article that later turns out to be contraband, the defendant invariably argues that only after seeing the item unwrapped did the officer have probable cause to believe it was of a criminal nature, though his testimony at the suppression hearing is to the contrary. We examine that close question on this appeal by Jimmy Barrios-Moriera from a June 24, 1988 judgment of conviction in the United States District...

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