UNITED STATES OF AMERICA v. HABERKORN

No. 238.

149 F.2d 720 (1945)

UNITED STATES OF AMERICA v. HABERKORN.

Circuit Court of Appeals, Second Circuit.

June 8, 1945.


Attorney(s) appearing for the Case

Peter J. Haberkorn, of New York City, for appellant, pro se.

John F. X. McGohey, U. S. Atty., of New York City (John C. Hilly, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before EVANS and CHASE, Circuit Judges, and HINCKS, District Judge.


EVANS, Circuit Judge.

Appellant appeals from an order which denied his petition for the return of a document, to-wit, an affidavit, which the Government seized in a search which it made without a search warrant and without a valid warrant for his arrest.

The factual situation is not complicated.

Appellant is a practicing lawyer in New York City with an office at 1450 Broadway. On February 15, 1944, he was engaged in securing an affidavit from one Dolores...

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