United States v. Barrett

Order

CARR, District Judge.

This is a criminal case in which the defendant has moved to suppress heroin seized from him following a search of his suitcase. (Doc. 24). The government contends that the search and seizure were lawfully based on the defendant’s consent. The defendant contends that he was unlawfully seized and that the heroin was seized as a result of such unlawful seizure and, as well, that he did not consent to the search of his bag.

For the reasons that follow, I conclude that the defendant was unlawfully seized and the heroin, which was discovered as a result of exploitation of…