UNITED STATES v. THOMAS

No. 68 Cr. 21.

289 F.Supp. 364 (1968)

UNITED STATES of America, v. Richard James THOMAS, Defendant.

United States District Court S. D. New York.

September 20, 1968.


Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., for the Southern District of New York, New York City, for United States; Abraham D. Sofaer, Asst. U. S. Atty., of counsel.

Anthony F. Marra, New York City, for defendant; Edward S. Panzer, New York City, of counsel.


OPINION

WEINFELD, District Judge.

The defendant moves pursuant to Rule 41 of the Federal Rules of Criminal Procedure to suppress evidence as unlawfully seized without a warrant. On November 26, 1967, close to midnight, he was a passenger in the rear seat of an automobile operated by one Joseph Williams. At the intersection of Morningside Avenue and 123d Street, John F. Sullivan, a New York City patrolman checking operators' licenses and vehicle registrations...

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