UNITED STATES v. MILLER

No. 2045-C.

36 F.Supp. 391 (1941)

UNITED STATES v. MILLER et al.

District Court, W. D. New York.

January 3, 1941.


Attorney(s) appearing for the Case

George L. Grobe, U. S. Atty., by R. Norman Kirchgraber, Asst. U. S. Atty., both of Buffalo, N. Y., for plaintiff.

William B. Mahoney, of Buffalo, N. Y., for defendant.


KNIGHT, District Judge.

This is a motion to suppress the evidence obtained under a search warrant and to vacate such search warrant.

The motion must be denied on two separate grounds.

First: The petition is insufficient in that it does not allege the violation of the constitutional rights of the defendants or either of them. The defendants claim that the petition is sufficient in this respect by reason of certain admissions claimed to have been made...

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