UNITED STATES v. RUBIN

Nos. 72-1689, 72-1690.

474 F.2d 262 (1973)

UNITED STATES of America, Appellant, v. Paul Gary RUBIN et al. UNITED STATES of America, Appellant, v. Louis Martin AGNES a/k/a Louis Martin.

United States Court of Appeals, Third Circuit.

Decided February 13, 1973.


Attorney(s) appearing for the Case

Jeffrey M. Miller, Asst. U. S. Atty., Philadelphia, Pa., for appellant.

Jonathan W. Miller, Defender Assoc. of Philadelphia Federal Court Division, Philadelphia, Pa., and Robert F. Simone, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and ALDISERT and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal deals with the nettlesome question of whether there were exceptional circumstances present to justify a warrantless search of a dwelling.

United States Customs agents entered a house and garage in Philadelphia without a warrant on July 28, 1971, and seized 90 pounds of hashish. Appellees Agnes and Agran, indicted for various offenses connected with importation of the hashish, successfully moved...

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