Legal Opinion · Dissent

United States v. Victor Rosario

Court of Appeals for the Second Circuit

Decided November 3, 1980No. 959, Docket 79-1356Published

1DissentGoettel, District Judge

On the evening of May 3, 1979, appellant Victor Rosario, while sitting with two other persons in a parked car on Vector Avenue in Queens, New York, was arrested by agents of the Drug Enforcement Agency (“DEA"). During the ensuing “pat down,” the agents discovered cocaine in his possession. After being advised of his constitutional rights, Rosario indicated a willingness to cooperate with the agents, informed them of the source of the narcotics, and consented to a search of his apartment. During this search the agents arrested an accomplice and discovered a large amount of cash, one-eighth of…

2Cases cited27 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Brinegar v. United StatesSupreme Court of the United States · 1949
  3. Brown v. IllinoisSupreme Court of the United States · 1975
  4. Dunaway v. New YorkSupreme Court of the United States · 1979
  5. Henry v. United StatesSupreme Court of the United States · 1959

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