SOUZA v. UNITED STATES

No. 4361.

5 F.2d 9 (1925)

SOUZA v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

April 27, 1925.


Attorney(s) appearing for the Case

Gilman & Harnden, of Oakland, Cal., for plaintiff in error.

Sterling Carr, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


HUNT, Circuit Judge (after stating the facts as above).

Nearly two years elapsed between the time defendant entered his plea of not guilty and the date of the trial; yet not until the trial was progressing did defendant question the validity of the warrant, or search, or move to suppress, or object to, the use in evidence of the things that had been seized. In view of the fact that the search was made under the authority of a warrant issued by a commissioner, defendant...

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