U.S. v. JARAMILLO

No. CR 93-114.

822 F.Supp. 118 (1993)

UNITED STATES of America v. Luis JARAMILLO, Defendant.

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

June 1, 1993.


Attorney(s) appearing for the Case

Zachary W. Carter, U.S. Atty., Brooklyn, NY (Ellen M. Corcella, Asst. U.S. Atty., of counsel), for plaintiff.

Bernard H. Udell, Brooklyn, NY, for defendant.


MEMORANDUM AND ORDER

NICKERSON, District Judge:

Defendant Luis Jaramillo, indicted for unlawfully possessing a semi-automatic pistol, moves to suppress it. He contends that the detective who seized it had neither probable cause nor reasonable suspicion to pat him down.

I.

At the evidentiary hearing John Saager, a New York City Police Department detective, testified in substance as follows.

On January 21, 1993 at about 11:30 at night...

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