Summary
In United States v. Kohn, 495 F.2d 763 (2d Cir. 1974), consent was found notwithstanding the agent's statement that they "had the `right' to get one, and that since it was so late they would have to `secure' the premises, leave a guard, and return with a warrant in the morning."
Summary of this case from United States v. FaruoloOpinion
No. 1032, Docket 74-1217.
Argued May 9, 1974.
Decided May 10, 1974.
Aaron R. Schacher, Brooklyn, N.Y., for appellant.
Ethan A. Levin-Epstein, Asst. U.S. Atty. (Edward John Boyd, V, U.S. Atty., for the Eastern District of New York, Raymond J. Dearie, Asst. U.S. Atty., on the brief), for appellee.
Appeal from the United States District Court for the Eastern District of New York.
Before ANDERSON, FEINBERG and MANSFIELD, Circuit Judges.
The judgment of the district court is affirmed upon the well considered opinion of Judge Costantino. 365 F.Supp. 1031 (1973).