United States v. Pabon, No. 16-1754 (2d Cir. 2017)Annotate this Case
The Second Circuit affirmed the district court's denial of defendant's motion to suppress physical evidence that he had body-packed narcotics into Vermont. The court held that police were not under an obligation to release defendant after x-rays taken pursuant to a search warrant did not reveal evidence that he was body-packing; suppression was not an appropriate remedy in this case for failure to comply with the 48‐hour rule established by County of Riverside v. McLaughlin, 500 U.S. 44 (1991), because such failure was not the cause of the officers' discovery that defendant was, in fact, body‐packing narcotics; and applying the framework established in McLaughlin, the evidence adduced by defendant did not reveal that the police unreasonably delayed his Gerstein hearing.