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UNITED STATES v. THOMAS

68 Civ. 464.

282 F.Supp. 729 (1968)

UNITED STATES ex rel. Edward MISHKIN, Petitioner, v. James A. THOMAS, Warden of the City Penitentiary of the City of New York, Respondent.

United States District Court S. D. New York.

April 2, 1968.

Attorney(s) appearing for the Case

Leon H. A. Pierson, Joseph Rosenthal, Baltimore, Md., Murray Pudalov, Massapequa Park, N. Y., for petitioner.

Frank S. Hogan, Dist. Atty., of New York County, New York City, for respondent; H. Richard Uviller, Alan F. Scribner, Asst. Dist. Attys., of counsel.

OPINION

FRANKEL, District Judge.

This habeas corpus proceeding poses as its first question a puzzling study in chronology and constitutional law. The subject is an allegedly unlawful series of searches and seizures in 1959 and 1960; the use of evidence thus obtained to produce a judgment of conviction on December 14, 1960; the petitioner's claim for relief in this collateral attack under the rule announced on June 19, 1961, in Mapp v. State of Ohio,

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