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UNITED STATES v. WABNIK

No. 763, Docket 35801.

444 F.2d 203 (1971)

UNITED STATES of America, Appellant, v. Heinz WABNIK and Michael Sampayo, Appellees.

United States Court of Appeals, Second Circuit.

Decided June 8, 1971.

Attorney(s) appearing for the Case

David G. Trager, Asst. U. S. Atty. (Edward R. Neaher, U. S. Atty., E. D. N. Y., Thomas R. Pattison, Asst. U. S. Atty., on the brief), for appellant.

Maurice Brill, New York City, for appellee Wabnik.

Allan Kritz, New York City (Lifshutz & Kahn, New York City, on the brief), for appellee Sampayo.

Before HAYS and FEINBERG, Circuit Judges, and BLUMENFELD, District Judge.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Eastern District of New York suppressing evidence obtained as a result of a search of the defendant Wabnik's automobile. The United States appeals pursuant to 18 U.S.C. § 3731 (1964). We reverse the order below, since we find that the detectives who conducted the search of the automobile had probable cause to believe that a crime was being committed.

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