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U.S. v. HOWARD

Docket No. 06-0457-cr.

489 F.3d 484 (2007)

UNITED STATES of America, Appellant, v. John E. HOWARD, III, Christopher Restifo, Daniel Williams, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2007.

Attorney(s) appearing for the Case

James E. Long, Albany, NY, for defendant-appellee John E. Howard, III.

Kathy Manley, Kindlon Shanks & Associates, Albany, NY, for defendant-appellee Christopher Restifo.

David L. Gruenberg, Troy, NY, for defendant-appellee Daniel Williams.

Paul D. Silver, Assistant United States Attorney (Glenn T. Suddaby, United States Attorney for the Northern District of New York, on the brief), Albany, NY, for appellant.

Before: JACOBS, Chief Judge, LEVAL and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

The United States brings interlocutory appeal from the December 30, 2005 order of the United States District Court for the Northern District of New York (Hurd, J.), suppressing the fruits of two warrantless automobile searches. See United States v. Howard, 406 F.Supp.2d 215 (N.D.N.Y. 2005). The district court, relying primarily on the Supreme Court's opinion in Coolidge v. New Hampshire...

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