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NIRO v. UNITED STATES

Nos. 6934, 6954.

388 F.2d 535 (1968)

Frank A. NIRO, Jr., Defendant, Appellant, v. UNITED STATES of America, Appellee. Edward M. GLYNN, Defendant, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals First Circuit.

February 2, 1968.

Attorney(s) appearing for the Case

Murray H. Falk, by appointment of the Court, with whom Moulton, Looney, Mazzone & Falk, Boston, Mass., was on brief, for appellant Frank A. Niro, Jr.

Chester C. Paris, Wakefield, Mass., with whom Joseph J. Balliro, Boston, Mass., was on brief, for appellant Edward M. Glynn.

Herbert N. Goodwin, Asst. U. S. Atty., with whom Paul F. Markham, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

Defendants, Niro and Glynn, appeal from convictions under 18 U.S.C. § 659 for knowing possession of stolen goods that had been transported in interstate commerce. Their primary contention is that the district court erred in denying motions to suppress evidence (hereinafter referred to in the singular).

During the evening of September 19, 1966, agents of the FBI commenced surveillance of a garage in Franklin, Massachusetts. The building...

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