UNITED STATES v. BEDFORD

No. 74-2119.

519 F.2d 650 (1975)

UNITED STATES of America v. Murrell BEDFORD, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1975.

As Amended July 15, 1975.


Attorney(s) appearing for the Case

Byrd R. Brown, Pittsburgh, Pa., for appellant.

James J. West, Richard L. Thornburgh, Charles F. Scarlata, U. S. Attys., Pittsburgh, Pa., for appellee.


OPINION OF THE COURT

ADAMS, Circuit Judge.

We are confronted in this case with the issue of the admissibility in a federal prosecution of evidence seized under the authority of a state search warrant, executed by city and federal law enforcement officers eight days after its issuance, despite the provision in the warrant to search defendant's residence "forthwith."

The district court held the warrant was stale when executed, and accordingly granted...

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