UNITED STATES v. BILY
406 F.Supp. 726 (1975)
UNITED STATES of America
Raymond M. BILY.
Crim. No. 75-457.
United States District Court, E. D. Pennsylvania.
November 13, 1975.
As Amended December 12, 1975.
James Manning, Asst. U. S. Atty., Philadelphia, Pa., for plaintiff.
Edward C. Connolly, Warminster, Pa., for defendant.
MEMORANDUM AND ORDER
NEWCOMER, District Judge.
This is a criminal prosecution under the Copyright Act, 17 U.S.C. §§ 1, 101, and 104.1 The defendant has made three pretrial motions. He moves this Court to quash the indictment, to suppress evidence, and to return seized property. Our disposition of these three motions is as follows. The motion to quash is denied.2 The motion to suppress evidence is denied as to evidence obtained in the search of January 9, 1975, except that it is granted as to the copy of the film, "White Christmas." The motion is granted as to all evidence seized in the search of January 10, 1975. The defendant's motion under Fed.R.Crim.P. 41(e) for return of seized property is denied with prejudice as to property taken in the search of January 9, 1975, with the exception of the copy of the film, "White Christmas." As to "White Christmas," and all property seized in the search of January 10, 1975, the defendant's Rule 41(e) motion is denied, without prejudice to refiling within 60 days if at such time he is prepared to present new evidence to support his contention of ownership of the seized property.I
Defendant Raymond M. Bily lives in Warminster, Pennsylvania. He has maintained in his house and garage a large collection of motion picture films, and he has been listed as a collector in the 1973 International Directory of 16mm film collectors. On January 9, 1975, two special agents of the Federal Bureau of Investigation visited Mr. Bily's residence. They asked to examine his collection and to speak with him about it. Mr. Bily said that he was not surprised by the visit, since he had been told by other collectors that they had recently been called on by FBI agents.
After a brief discussion with the agents, Mr. Bily signed a waiver of rights form entitled "Interrogation; Advise of Rights." The agents talked with Mr. Bily for about two hours, and then informed him that they would like to search his house. Mr. Bily consented, executing a consent to search form which included this statement:
"These agents are authorized by me to take from my premises any letters, papers, materials or other property, which they may desire."