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Prosecutor
comment #:
13335
rating:
3
average rating is 3 out of 5
average rating is null out of 5
ANother dousy of a Drug suppression case which the 2nd circuit vacates summarily. Judge Hurd throws out a valid search warrant issued by a city court and says that it wasn't valid search so he vacates the verdict. The case is USA vs STEPPELLO, 10-4527-cr. The 2nd district said it: Here, as in Gagnon, the district court employed an incorrect legal standard in evaluating the information provided by the informant. Seems like a phone call saying he'd be there in 20 minutes to deliver the cocaine wasnt enough reason to search him for cocaine. And then the search of his apartment wasnt lawful because the coke found on him was leagally found so it never existed. This Judge lacks basic understanding of Suppresion, Searches, and warrants. Lets hope he goes no further than Disctrict court.
7/15/19, 2:12 AM
Hon. David N. Hurd

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