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U.S. v. MONTILLA

No. 726, Docket 90-1446.

928 F.2d 583 (1991)

UNITED STATES of America, Appellant, v. Marcos MONTILLA and Nitza Colon, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 21, 1991.

Attorney(s) appearing for the Case

Kathleen A. Felton, Dept. of Justice, Washington, D.C. (Dennis C. Vacco, U.S. Atty., W.D.N.Y., Buffalo, N.Y., Thomas S. Duszkiewicz, Asst. U.S. Atty., of counsel), for appellant.

Robert N. Convissar, Buffalo, N.Y. (Cohen & Lombardo, P.C., Buffalo, N.Y. of counsel), for defendant-appellee Marcos Montilla.

J. Glenn Davis, Buffalo, N.Y., for defendant-appellee Nitza Colon.

Before WINTER, ALTIMARI and McLAUGHLIN, Circuit Judges.

WINTER, Circuit Judge:

This is an appeal from Judge Curtin's decision granting a motion to suppress drugs found in Nitza Colon's bag. We hold that Colon consented to the search of her bag. We remand the issue of whether appellees were illegally seized before that consent was given.

BACKGROUND

Agents of the Drug Enforcement Administration ("DEA") Task Force regularly observe passengers departing the express bus from New York City at the Niagara Frontier...

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