IN RE GINSBURG

No. 216.

147 F.2d 749 (1945)

In re GINSBURG.

Circuit Court of Appeals, Second Circuit.

February 13, 1945.


Attorney(s) appearing for the Case

Garey, Desvernine & Garey, of New York City (Jacob J. Rosenblum, Milton I. Hauser, and Wm. Francis Corson, all of New York City, of counsel), for appellant.

John F. X. McGohey, U. S. Atty., of New York City (Richard J. Burke and Robert Mitchell, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

Before HUTCHESON, SIMONS, and CLARK, Circuit Judges.


HUTCHESON, Circuit Judge.

What is in question here is whether the district judge was right in denying appellant's motion to suppress the use, in evidence, of property, documents, etc. searched for, seized and taken from defendant's apartment at the time of, and in connection with, his arrest under a warrant of arrest. Based on the Fourth1 and Fifth Amendments,2 this...

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