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U.S. v. MURPHY

Docket No. 11-2978-cr.

703 F.3d 182 (2012)

UNITED STATES of America, Appellant, v. Michael MURPHY, a/k/a Sealed Defendant, # 1, Michael Webster, a/k/a Sealed Defendant, # 2, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 4, 2012.

Attorney(s) appearing for the Case

William C. Pericak , Assistant United States Attorney ( Brenda K. Sannes , Daniel C. Gardner , Assistant United States Attorneys, on the brief), for Richard S. Hartunian, United States Attorney, Northern District of New York, Albany, NY, for Appellant.

Kevin A. Luibrand, Esq. , Albany, NY, for Defendant-Appellee Michael Murphy.

Timothy E. Austin , Assistant Federal Public Defender ( Molly Corbett , James Egan , Assistant Federal Public Defenders, on the brief), for Lisa A. Peebles, Acting Federal Public Defender, Albany, NY, for Defendant-Appellee Michael Webster.

Before: CALABRESI, LYNCH, and LOHIER, Circuit Judges.

LOHIER, Circuit Judge:

In 2010 a Kansas Highway Patrol ("KHP") trooper stopped a car along a highway in Kansas and discovered cocaine and other evidence after one of the defendants in the car, Michael Webster, consented to a search. Both defendants were arrested, eventually made inculpatory post-arrest statements, and were indicted. After a hearing, the United States District Court for the Northern District of New York (Hurd, J.) issued an order suppressing...

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