UNITED STATES v. CUTSHALL

Crim. A. No. 6621.

218 F.Supp. 767 (1963)

UNITED STATES of America v. William B. CUTSHALL.

United States District Court E. D. Tennessee, Northeastern Division.

June 1, 1963.


Attorney(s) appearing for the Case

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., David M. Smith, Asst. U. S. Atty., Knoxville, Tenn., for plaintiff.

John F. Dugger, Morristown, Tenn., for defendant.


NEESE, District Judge.

The only question here is whether certain evidence the defendant Cutshall has moved to suppress falls under the "fruit of the poisonous tree" doctrine as adverted to in the second Nardone case, infra.

A federal revenue agent was secreted in the trunk of an automobile which, while being operated by a paid government informer, unlawfully penetrated onto the residential premises of the defendant. The Court sustained the defendant's motion...

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