U.S. v. CABASSA

No. 517, Docket 94-1251.

62 F.3d 470 (1995)

UNITED STATES of America, Appellee, v. Jose M. CABASSA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 11, 1995.


Attorney(s) appearing for the Case

Mark B. Gombiner, New York City (The Legal Aid Soc., Federal Defender Div. Appeals Bureau, of counsel), for defendant-appellant.

Peter T. Gelfman, Asst. U.S. Atty. S.D.N.Y., New York City (Mary Jo White, U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., of counsel), for appellee.

Before: OAKES, CARDAMONE, and WINTER, Circuit Judges.


WINTER, Circuit Judge:

Jose Manuel Cabassa appeals from Judge Patterson's denial of his motion to suppress evidence seized in the course of a warrantless search of his apartment. The government argues that the evidence in question would inevitably have been lawfully discovered pursuant to a search warrant to be issued that day. We disagree and reverse.

BACKGROUND

In May 1991, a confidential informant ("CI") gave a "tip" to DEA special agent James...

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