United States Second Circuit

The district court's grant of defendant's motion to suppress evidence obtained by police while in pursuit of a different robbery suspect, is affirmed over the government's appeal, where the physical disparities between the two men were too significant for the mistake of identity to be objectively reasonable and that the officer did not actually believe that defendant was the suspect sought.

Appellate Information

• Decided 05/21/2015
• Published 05/21/2015

Judges

• RAKOFF

Court

• United States Second Circuit

Counsel