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UNITED STATES v. LINDERMAN

No. 37952.

32 F.Supp. 123 (1940)

UNITED STATES v. LINDERMAN.

District Court, E. D. New York.

January 8, 1940.

Attorney(s) appearing for the Case

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Phillip J. Hirsch, Asst. U. S. Atty., of St. George, S. I., N. Y., of counsel), for plaintiff.

Henry G. Singer, of Brooklyn, N. Y., for defendant.

MOSCOWITZ, District Judge.

This is a motion for an order suppressing evidence illegally obtained at the home of the defendant at premises 742 Park Avenue, Brooklyn, New York.

On September 26, 1939, in the afternoon two Police Officers rang the door bell of defendant's home and searched his house without a search warrant and without probable cause.

It is claimed that the search was with the consent and permission of the daughter of the defendant during...

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