UNITED STATES v. McCUNN


40 F.2d 295 (1930)

UNITED STATES v. McCUNN et al.

District Court, S. D. New York.

April 18, 1930.


Attorney(s) appearing for the Case

Charles H. Tuttle and Arthur H. Schwartz, both of New York City, for the United States.

M. Michael Edelstein, of New York City, for defendant McCunn.

J. Edward Lumbard, Jr., of New York City, for defendants Collins and Maloney.


BONDY, District Judge.

This is a motion by the defendants McCunn and Collins for an order directing the United States attorney to return to the defendants property alleged to have been wrongfully seized and for an order suppressing the use thereof as evidence against them.

The search and seizure were made without a search warrant, and therefore can be sustained, if at all, only if made as an incident of a lawful arrest, or if made with the consent of the defendants...

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