WEISE v. UNITED STATES

No. 15502.

251 F.2d 867 (1958)

Moe WEISE and James Lester French, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 11, 1958.


Attorney(s) appearing for the Case

Edward Mosk, Hollywood, Cal., for appellants.

Charles P. Moriarty, U. S. Atty., Seattle, Wash., Charles W. Billinghurst, Asst. U. S. Atty., Tacoma, Wash., for appellee.

Before HEALY, POPE and LEMMON, Circuit Judges.


HEALY, Circuit Judge.

Appellants were convicted of the offense of transporting obscene material interstate (from Portland, Oregon, to Tacoma, Washington) in violation of 18 U. S.C.A. § 1465. On the appeal they contend only that the trial court erred in admitting the obscene material in that it had been illegally seized in violation of the Fourth Amendment to the Constitution.

Following is in summary the train of events leading up to the arrest and seizure...

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