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UNITED STATES v. HANLEY

50 F.2d 465 (1931)

UNITED STATES v. HANLEY.

District Court, S. D. New York.

June 1, 1931.

Attorney(s) appearing for the Case

George Z. Medalie, U. S. Atty., of New York City (William L. Taggart, Sp. Asst. U. S. Atty., of Washington, D. C., of counsel), for the United States.

Blau Perlman & Polakoff, of New York City (Moses Polakoff, of New York City, of counsel), for defendant.

FRANK J. COLEMAN, District Judge.

Motion to suppress evidence and for the return of an automobile truck and its contents. There can be no real doubt but that the search and seizure and the arrest were unlawful. Even assuming the truth of the agents' version, I find that they without probable cause stopped the automobile, ordered its driver to pull up to the curb, and then boarded it. If thereafter the driver told them the truck contained beer, he did so under coercion...

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