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U.S. v. MUNDY

No. CR 92-0485 (JBW).

806 F.Supp. 373 (1992)

UNITED STATES of America v. Thomas MUNDY, Gregory Gorman and John Busiello, Defendants.

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

November 12, 1992.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., Brooklyn, N.Y. by Margaret M. Giordano, Loretta Lynch, for U.S.

James T. Moriarty, New York City, for Mr. Mundy.

Joseph Benfante, New York City, for Mr. Gorman.

Gerald J. Di Chiara, New York City, for Mr. Busiello.

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Defendants' motion to suppress evidence seized from defendant Busiello's automobile is denied. Search and seizure of the vehicle and its contents were permissible under recognized exceptions to the warrant requirement — police community caretaking and exigent circumstances.

I. FACTS

Defendant Mundy, a hardworking trucker, had just won $5,000,000 in the Florida lottery. He quickly...

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