KOTT v. UNITED STATES

No. 11674.

163 F.2d 983 (1947)

KOTT v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 23, 1947.


Attorney(s) appearing for the Case

Louis Halle, of New York City, Jacob H. Morrison, of New Orleans, La., and Geo. Wesley Smith, of Monroe, La., for appellant.

Malcolm E. Lafargue, U. S. Atty., and J. Lyle DeBellevue, Asst. U. S. Atty., both of Shreveport, La., for the U. S.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

Federal agents, in arresting appellant for the alleged offense of selling liquor in excess of the ceiling price, took from appellant the money paid to him by the purchaser of the liquor, which money the Federal agents, in cooperation with the purchaser, had theretofore marked, and which they still retain. In making the arrest and search of appellant the agents had neither warrant nor search warrant.

A motion to suppress the evidence...

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