ORDER
GIERBOLINI, District Judge.
Defendant Rafael Tormes-Ortiz (Tormes) moves to suppress certain evidence seized pursuant to an allegedly unlawful arrest. The matter was referred to the magistrate who held an evidentiary hearing on November 17, 1988. After the parties filed opposing memoranda of law, the magistrate issued his Report and Recommendation of January 23, 1989. He was of the opinion that the motion to suppress should be denied because defendant...
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