United States v. Victor Del Toro

J. JOSEPH SMITH, Circuit Judge:

This appeal is taken from an order entered in the United States District Court for the Southern District of New York (Morris E. Lasker, Judge) granting defendant-appellee’s motion1 to suppress cocaine seized from his person by the New York Joint Narcotics Task Force2 allegedly in violation of the *521Fourth Amendment. The district court ruled that a limited search of appellee for weapons had not been warranted, and was therefore not obliged to reach the question whether the seizure of the cocaine after the pat-down was reasonable. We cannot agree that a cursory…