United States v. Odell Broward and Gary L. Forbes

FEINBERG, Circuit Judge:

This is an appeal by the United States, pursuant to 18 U.S.C. § 3731, from an order of Judge John T. Elfvin of the United States District Court for the Western District of New York suppressing certain evidence and dismissing a five-count narcotics indictment. Appellees Broward and Forbes were charged with conspiring to distribute heroin,.21 U.S.C. §§ 841, 846; Forbes alone was charged with distributing and possessing both heroin and marihuana, 21 U.S.C. §§ 841, 844; and Broward was charged with aiding and abetting Forbes’s distribution of heroin, 18 U.S.C. § 2. For the…