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UNITED STATES v. MELVILLE

No. 70 CR. 28.

309 F.Supp. 745 (1970)

UNITED STATES of America, v. Samuel Joseph MELVILLE, John David Hughey, III, Jane Lauren Alpert, and Patricia Elizabeth Swinton, Defendants.

United States District Court, S. D. New York.

February 17, 1970.

Attorney(s) appearing for the Case

Lefcourt, Garfinkel, Crain, Cohn, Sandler & Lefcourt, New York City, for Samuel Joseph Melville, by William E. Crain, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, by John H. Doyle, III, and John R. Wing, New York City, of counsel.

OPINION

(Suppress Confession)

POLLACK, District Judge.

I find and decide on the totality of the facts and circumstances shown by evidence in the record that:

The government has established beyond a reasonable doubt that there was probable cause for the arrest of the defendant Samuel Joseph Melville by agents of the FBI on November 12, 1969; that the search of his person was incident to said arrest and was properly and lawfully conducted...

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