UNITED STATES v. EPSTEIN


240 F.Supp. 80 (1965)

UNITED STATES of America v. Harry EPSTEIN et al., Defendants.

United States District Court S. D. New York.

April 2, 1965.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for United States, Edward M. Shaw, Asst. U. S. Atty., of counsel.

Garey & Garey, New York City, for defendants Blanka Rosenfeld and Eugene Rosenfeld, Michael J. Larkin, New York City, of counsel.


WEINFELD, District Judge.

The defendants Eugene and Blanka Rosenfeld, husband and wife, move to suppress evidence for lack of probable cause for the issuance of the daytime warrant pursuant to which their home was searched and the evidence sought to be suppressed seized.

The warrant was issued on August 2, 1963 upon the affidavit of Customs Agent Dolan, who alleged four separate grounds to support a finding of probable cause:

First, information received...

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