United States Second Circuit

Order suppressing currency seized in connection with the purportedly unlawful arrest of defendant is vacated where the court cannot rule out that defendant would "inevitably" have been arrested and that the currency would, hence, have been found independently of his actual arrest.

Appellate Information

• Decided 07/10/2006
• Published 07/12/2006

Judges

• Before CALABRESI and CABRANES, Circuit Judges, and HALL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bradley E. Tyler, Assistant United States Attorney, for Michael A. Battle, United States Attorney for the Western District of New York, Rochester, NY, for the Appellant.


• For Appellees:
  
• Robert G. Smith, Assistant Federal Public Defender (Jay S. Ovsiovitch, of counsel), Rochester, NY, for the Defendant-Appellee.