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UNITED STATES v. RUNDLE

No. 14561.

337 F.2d 268 (1964)

UNITED STATES of America ex rel. Edward J. MANCINI, a/k/a Edmund Mancini, v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided October 8, 1964.

Attorney(s) appearing for the Case

Charles Jay Bogdanoff, Philadelphia, Pa. (Paula S. Rand, Asst. Dist. Atty., Arlen Specter, Asst. Dist. Atty., Chief, Litigation Division, James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., on the brief), for appellant.

Donald J. Goldberg, Philadelphia, Pa. (Michael J. Rotko, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, GANEY and SMITH, Circuit Judges.

GANEY, Circuit Judge.

The troublesome question presented on this appeal is did the district court err in ruling that evidence obtained in the execution of an invalid search warrant was inadmissible in a Pennsylvania Court. In our opinion, it did not.

Between January of 1959 and April of 1960, several tenants of the Presidential Apartments in Philadelphia complained that their apartments had been burglarized while they were away from them. There was no evidence...

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