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United States v. Steppello

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Argued: December 7, 2011

Before: JACOBS, Chief Judge, CABRANES, and WESLEY, Circuit Judges.

The government appeals two interlocutory orders of the United States District Court for the Northern District of New York (Hurd, J.), entered on August 20, 2010 and October 29, 2010, respectively. The first order suppressed cocaine seized from the person of Defendant–Appellee Dean A. Steppello incident to his warrantless arrest, as well as statements made by Steppello, based on a lack of probable cause to support the arrest. The order also suppressed evidence seized from Steppello’s residence pursuant to the execution of a search warrant on the ground that without the reference to the cocaine seized from Steppello’s person, the warrant application did not establish probable cause to search the residence. The second order denied the government’s motion for reconsideration of the suppression decisions in the first order. The government argues that the district court erred in determining that Steppello’s arrest was not supported by probable cause. We agree and conclude that the evidence seized from Steppello’s person and residence, as well as the statements made by Steppello during and after his arrest, should not have been suppressed.

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