SOMER v. UNITED STATES

No. 63.

138 F.2d 790 (1943)

SOMER et ux. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 3, 1943.


Attorney(s) appearing for the Case

Morris E. Packer, of Brooklyn, N. Y., for appellants.

Vine H. Smith, of Brooklyn, N. Y., and Harold M. Kennedy, U. S. Atty., and Herbert I. Sarin, Asst. U. S. Atty., both of Brooklyn, N. Y., for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from an order which in part denied a motion made before indictment of Somer, the appellant, and his wife, to suppress evidence seized upon a search. Somer lived in an apartment in Brooklyn where he was operating an illicit still; during his absence two "Investigators of the Alcohol Tax Unit," followed shortly thereafter by a policeman, went to the apartment and entered under circumstances which, as the district judge found...

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