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ABEL v. UNITED STATES

No. 2.

362 U.S. 217 (1960)

ABEL, ALIAS MARK, ALIAS COLLINS, ALIAS GOLDFUS, v. UNITED STATES.

Supreme Court of United States.

Restored to the calendar for reargument March 23, 1959.

Reargued November 9, 1959.

Decided March 28, 1960.

Attorney(s) appearing for the Case

James B. Donovan argued and reargued the cause for petitioner. With him on the briefs was Thomas M. Debevoise II.

Solicitor General Rankin argued and reargued the cause for the United States. With him on the original brief were Acting Assistant Attorney General Yeagley, William F. Tompkins and Kevin T. Maroney. With him on the supplemental brief on reargument were Assistant Attorney General Yeagley, John F. Davis, William F. Tompkins and Kevin T. Maroney.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The question in this case is whether seven items were properly admitted into evidence at the petitioner's trial for conspiracy to commit espionage. All seven items were seized by officers of the Government without a search warrant. The seizures did not occur in connection with the exertion of the criminal process against petitioner. They arose out of his administrative arrest by the United States Immigration...

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