CHENG WAI v. UNITED STATES

No. 193.

125 F.2d 915 (1942)

CHENG WAI v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

February 21, 1942.


Attorney(s) appearing for the Case

Samuel B. Wasserman, of New York City, for appellant.

Mathias F. Correa, U. S. Atty., of New York City (John Matthew Cannella, of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


PER CURIAM.

This proceeding to suppress evidence was commenced by an order to show cause directed to the United States attorney, and was heard upon supporting and opposing affidavits. The petition alleged that in the early morning of April 11, 1941, federal narcotic agents broke into the room where the petitioner was sleeping, searched his apartment without a warrant, found narcotics which belonged to him and placed him under arrest. In justification of their conduct...

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