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U.S. v. MONTES-REYES

No. 08 Cr. 10(DLC).

547 F.Supp.2d 281 (2008)

UNITED STATES of America, v. Leonardo MONTES-REYES, Defendant.

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

April 14, 2008.

Attorney(s) appearing for the Case

Michael M. Rosensaft, Assistant United States Attorney, United States Attorney's Office, Southern District of New York, New York, NY, for the United States of America.

Mark B. Gombiner, Federal Defenders of New York, New York, NY, for Defendant Leonardo Montes-Reyes.

OPINION AND ORDER

DENISE COTE, District Judge:

This Opinion addresses whether consent to enter a hotel room and conduct a search is voluntary when given in response to a law enforcement ruse asserting an emergency. Defendant Leonardo Montes-Reyes ("Montes-Reyes") has moved to suppress the fruits of the search of his hotel room on December 19, 2007, including statements made prior to and following his arrest on that date. For the following reasons...

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