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UNITED STATES v. GARCIA

No. SSSS 84 Cr. 664 (MJL).

630 F.Supp. 142 (1986)

UNITED STATES of America, v. Hilda GARCIA, et al., sub nom., Louis Rupert Garcia, Defendants.

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

February 6, 1986.

Attorney(s) appearing for the Case

Rudolph Guiliani, U.S. Atty., S.D.N.Y., New York City, by Robert Garcia, Maria T. Galeno, Asst. U.S. Attys., for the U.S.

Michael M. Maloney, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

Defendant Hilda Garcia moves to exclude evidence which federal agents seized when they arrested her and searched her home on the morning of September 6, 1984. The defendant claims that (1) there was no probable cause for the issuance of the search warrant; and (2) the issuing judge was misled by recklessly false statements made in the supporting affidavit for the search warrant.

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