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UNITED STATES v. CUSANELLI

Crim. No. 9660.

357 F.Supp. 678 (1972)

UNITED STATES of America, Plaintiff, v. Joseph Henry CUSANELLI, Dennis Ray Stanley, Defendants.

United States District Court, S. D. Ohio, E. D.

April 26, 1972.

Attorney(s) appearing for the Case

William Milligan, U. S. Atty., and Robert Zitko, and Robinson Watters, Asst. U. S. Attys., for the United States.

Fred A. Jones, Jr., and Martin Blitstein, Miami, Fla., for defendants.

MEMORANDUM AND ORDER

KINNEARY, Chief Judge.

This matter is before the Court on defendants' motion to suppress as evidence in this case marihuana allegedly seized in violation of defendants' Fourth Amendment rights. The motion is filed under the provisions of Rule 41(e), Federal Rules of Criminal Procedure. An extensive hearing was held before trial, at which the following facts pertinent to the search and seizure of the marihuana were developed.

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