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UNITED STATES v. CARROLL

Nos. 12640, 12641.

234 F.2d 679 (1956)

UNITED STATES of America, Appellant, v. Leon F. CARROLL, Appellee. UNITED STATES of America, Appellant, v. Daniel J. STEWART, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 3, 1956.

Attorney(s) appearing for the Case

Mr. Harold H. Greene, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., at the time record was filed, Lewis Carroll and Frederick G. Smithson, Asst. U. S. Attys., were on the brief, for appellant.

Messrs. Curtis P. Mitchell, Washington, D. C., and William B. Bryant, with whom Mr. Henry Lincoln Johnson, Jr., Washington, D. C., was on the brief, for appellees.

Before PRETTYMAN, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

These are appeals by the Government from the grant by the District Court of motions to suppress evidence seized from the persons of the appellees when the latter were arrested. The motions, made under Rule 41(e), Fed.Rules Crim.Proc., 18 U.S.C.A., were based on the contention that the arrests, which were made pursuant to John Doe warrants, were illegal for lack of probable cause.

Appellees...

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