RODGERS v. UNITED STATES

No. 2083.

158 F.Supp. 670 (1958)

Evan W. RODGERS and E. Nadine Rodgers, Plaintiffs, v. UNITED STATES of America et al., Defendants.

United States District Court S. D. California, S. D.

January 6, 1958.


Attorney(s) appearing for the Case

Edgar B. Hervey, James Edgar Hervey, Harry D. Steward, San Diego, Cal., for plaintiffs.

Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., William Seavey, Asst. U. S. Atty., San Diego, Cal., for defendants.


JAMES M. CARTER, District Judge.

This case presents a disturbing problem in the administration of criminal justice—i. e., pre-indictment motions or proceedings to suppress evidence,—in reality an attempt to try a civil proceeding concerning evidence allegedly illegally seized, prior to the trial of the criminal proceeding in which the seizure evidence is to be used. No picture need be painted of the impact of such techniques on the administration of...

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