U.S. v. NAVAS

Docket No. 09-1144-cr.

597 F.3d 492 (2010)

UNITED STATES of America, Appellant, v. Jose NAVAS, Jose Alvarez, and Arturo Morel, Defendants-Appellees, Fausto Velez, Fernando Delgado, Pedro Ventura, Antonio Morel, and Euris Velez, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 8, 2010.


Attorney(s) appearing for the Case

Telemachus P. Kasulis, Assistant United States Attorney (Katherine Polk Failla, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Appellant.

Patrick J. Joyce, New York, NY, for Appellee, Jose Navas.

Lawrence D. Gerzog, New York, NY, for Appellee, Jose Alvarez.

Susan G. Kellman, Brooklyn, NY, for Appellee, Arturo Morel.

Before: LEVAL and WESLEY, Circuit Judges, and GLEESON, District Judge.


WESLEY, Circuit Judge:

This appeal concerns a trailer, unhitched from its cab and parked in a warehouse. The district court held that a warrantless search of the trailer ran afoul of the Fourth Amendment. On appeal, defendants liken the trailer to a fixed structure, and argue that the district court properly suppressed the fruits of the search. The government argues that, whether or not attached to a cab, the trailer is subject...

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