UNITED STATES v. McCARTHY

Crim. A. No. 64-CR-302.

249 F.Supp. 199 (1966)

UNITED STATES of America v. Aedan Charles McCARTHY, Defendant.

United States District Court E. D. New York.

January 11, 1966.


Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty., for Eastern Dist. of N. Y. by Lewis L. Douglass, Asst. U. S. Atty., for the United States.

Howard A. Jacobs and Ira Grudberg, New Haven, Conn., for defendant.


MISHLER, District Judge.

Defendant moves to suppress evidence [Rule 41(e)] on the ground that such evidence was obtained in violation of defendant's rights under the Fourth and Fifth Amendments, and to dismiss the indictment "on the grounds that all the evidence * * * was obtained as a result of, and pursuant to, an illegal attempt to arrest the defendant. * * *" (Defendant's notice of motion).

Defendant is charged in this two-count indictment with assault...

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