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UNITED STATES v. CURRINGTON

No. 77 Cr. 721.

451 F.Supp. 39 (1978)

UNITED STATES of America v. Robert CURRINGTON and Frank Townsend, Defendants.

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

February 24, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for the Government; by Harry C. Batchelder, Jr., Robert J. Costello, William J. Kelleher, Asst. U. S. Attys., New York City, of counsel.

Lawrence K. Feitell, New York City, for defendant Currington; Michael J. Gillen, Grunewald, Turk, Gillen & Caliendo, New York City, for defendant Townsend; by Donald J. Feldman, New York City, of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendants Robert Currington and Frank Townsend, indicted in two counts alleging possession of heroin in violation of 21 U.S.C. §§ 812, 841(a)(1) and 841(b)(1)(A), have moved under Fed.R.Crim.P. 41(e) to suppress evidence found in Townsend's car and apartment and in Currington's apartment. Primarily, they claim that police officers lacked sufficient probable cause to stop and search Townsend...

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