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U.S. v. DIAZ

Docket No. 15-3776-cr August Term, 2016.

854 F.3d 197 (2017)

UNITED STATES of America, Appellee, v. Jose DIAZ, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 18, 2017.

Attorney(s) appearing for the Case

ROBERT W. ALLEN ( Anna M. Skotko , on the brief), Assistant United States Attorney, for Joon H. Kim , Acting United States Attorney for the Southern District of New York, for Appellee.

DANIEL HABIB , Federal Defenders of New York, Inc., Appeals Bureau, New York, NY, for Defendant-Appellant.

Jordan Wells , Alexis Karteron , (on the brief), for Amicus Curiae New York Civil Liberties Union Foundation.

Before: Walker, Sack, and Chin, Circuit Judges.

During a routine patrol of a Bronx apartment building, New York City Police Department ("NYPD") Officer Chris Aybar observed defendant Jose Diaz sitting in a stairwell while holding a plastic cup that seemed to Aybar to smell of alcohol. Officer Aybar initially intended only to issue Diaz a summons — not to make an arrest...

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