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Judge Garaufis http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46279 THE GOVERNMENT charged defendants with, among other things, trafficking in drug paraphernalia in violation of 21 USC �863 and of conspiracy to traffic in drug paraphernalia. Defendants moved to suppress the evidence seized from their warehouse pursuant to a warrant issued one day before. Defendants argued that the affidavit, pursuant to which the warrant was obtained, contained deliberate or reckless material falsehoods and that material information in the same affidavit was obtained by an illegal search. The court granted the defendants’ motion, finding that the testimony of an FBI special agent, who was present at the warehouse on the day of the warrant’s issue, was not credible since his answers were frequently vague or evasive, his memory was poor and his testimony was often inconsistent with the testimony of the other two agents in crucial respects. The court concluded that the search of the warehouse was illegal and warrantless.

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