U.S. v. SANTOS

No. 03 CR. 238(SAS).

303 F.Supp.2d 333 (2003)

UNITED STATES of America v. Rafael A. SANTOS, Defendant.

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

August 29, 2003.


Attorney(s) appearing for the Case

David E. Patton, The Legal Aid Society, Federal Defender Services Unit, New York, New York, for Defendant.

Michael Y. Scudder, Jr., Assistant United States Attorney, United States Attorney's Office, Southern District of New York, New York, New York, for the Government.


OPINION AND ORDER

SCHEINDLIN, District Judge.

When the police came to the home of defendant Rafael Santos they had neither a search warrant nor an arrest warrant, and they clearly lacked probable cause to arrest Santos. But the anonymous caller who led the officers to the apartment reported a disturbance in Apartment 2C of 1223 Wheeler Avenue (Santos's apartment), and the complainant at the scene told the officers there was a gun in the drawer of...

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