Author Archive | Steve Statsinger

United States v. Valentine, No. 06-5648-cr (2d Cir. August 5, 2008) (Leval, Calabresi, CJJ, Nevas, DJ)

Federal agents intercepted a fifty kilogram drug shipment that was addressed to an apartment building in Brooklyn. They arranged for a controlled delivery, and watched from a surveillance van across the street. Valentine went to the fake FedEx truck and called over a friend. He also agreed to help offload the delivery if he got paid. He then found someone else inside the building, who tried to locate the recipient of the delivery, but ultimately no one signed for it, and the fake FedEx truck left.

Surveillance officers stayed behind, however. They saw Valentine go in and out of the building, speak to people, and go with them to a nearby vacant lot. A few minutes later, he reappeared holding a beverage and went back to the building. He also took of his sweatshirt …

United States v. Delossantos, No. 06-4713-cr (2d Cir. July 25, 2008) (Feinberg, Miner, Parker, CJJ)

Marino Delossantos was a drug dealer, who was negotiating a deal with an undercover officer. While Delossantos was under surveillance, defendant Rodriguez was seen at the building where Delossantos lived ,and also drove him to and from various locations related to the drug deal. Rodriguez was arrested at the end of one such trip; he made statements and gave consent to search his apartment and car, where officers found drugs and other evidence. He moved to suppress the statements and evidence as the fruit of an illegal arrest, and the district court granted the motion, holding that no probable cause for the warrantless arrest of Rodriguez.

On the government’s appeal, the circuit reversed, holding that the agents had probable cause to arrest Rodriguez without a warrant, based on the available facts. A car passenger is …