United States v. Stanford Smith A/K/A Willie Ellis Eveleigh

MAHONEY, Circuit Judge:

The United States appeals from an order entered November 2, 1992 in the United States District Court for the Western District of New York, Richard J. Arcara, Judge, that adopted a report and recommendation of *1009Leslie G. Foschio, Magistrate Judge. The court granted defendant-appellee Stanford Smith’s motion in limine to suppress the introduction into evidence at trial of narcotics and a handgun seized at an apartment pursuant to a search warrant. The government contends that the district court erred in determining that (1) probable cause did not exist to search the…