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UNITED STATES v. PREVATT

No. 26427.

414 F.2d 239 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. John Cosmo PREVATT and John H. Bennett, Jr., Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

June 18, 1969.

Attorney(s) appearing for the Case

Eli H. Subin, Roth, Segal & Levine, Orlando, Fla., for defendants-appellants.

Edward F. Boardman, U. S. Atty., Robert B. McGowan, Charles S. Carrere, Asst. U. S. Attys., Tampa, Fla., for plaintiff-appellee.

Before RIVES, BELL and DYER, Circuit Judges.

PER CURIAM:

This appeal is from the denial of appellant's Rule 41(e), Fed.R.Crim.P., motion to suppress evidence.1 The issue involved is whether appellants' assertion of the Fifth Amendment's privilege against self-incrimination prohibits the use in state criminal actions of property obtained by federal agents pursuant to a federal statute subsequently held voidable in Marchetti v. United States, 1968, 390 U.S. 39

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