UNITED STATES v. FOLLETTE

No. 67 Civ. 724.

267 F.Supp. 337 (1967)

UNITED STATES of America ex rel. Alfred SCHNITZLER, Petitioner, v. Hon. Harold W. FOLLETTE, Warden of Green Haven State Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

April 19, 1967.


Attorney(s) appearing for the Case

Jaffe & Feldman, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen. of New York, for respondent; Michael H. Rauch, Asst. Atty. Gen., of counsel.


MEMORANDUM

BONSAL, District Judge.

Petitioner, an inmate of Green Haven Prison, Stormville, New York, seeks a writ of habeas corpus. He contends that a search warrant, the execution of which uncovered approximately 25 pounds of marijuana in his apartment, was issued without probable cause in that there was no showing of the reliability of the informant on the basis of whose information the warrant was issued.

It appears that on January 7, 1964 Detective...

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