U.S. v. PENA

Criminal No. 95-10254.

924 F.Supp. 1239 (1996)

UNITED STATES of America, v. Juan PENA, a/k/a Jose Rafael Allende Navarro, Defendant.

United States District Court, D. Massachusetts.

April 29, 1996.


Attorney(s) appearing for the Case

Thomas M. Sobol, Brown, Rudnick, Freed & Gesmer, Boston, MA, for Edwin Ojeda, Defendant.

Henry F. Owens, III, Lane, Altman & Owens, Boston, MA, Ronald Ian Segal, Lynn, MA, for Juan Pena.

Michael D. Ricciuti, U.S. Attorney's Office, Boston, MA, Allison D. Burroughs, United States Attorneys Office, Boston, MA, for U.S.


MEMORANDUM AND ORDER

SARIS, District Judge.

I. Introduction

Defendant, Juan Pena, has moved to suppress evidence on the ground that the police conducted an illegal warrantless search of his apartment. The government contends that the initial entry was a valid protective sweep, Pena voluntarily consented to the search, and, in any event, the search was valid under the "independent source" doctrine, pursuant to a subsequently obtained search...

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