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TIRADO v. C.I.R.

No. 585, Docket 81-4136.

689 F.2d 307 (1982)

Jacque TIRADO, a/k/a Jacque Dante, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 7, 1982.

Attorney(s) appearing for the Case

Stuart E. Abrams, New York City (Kostelanetz & Ritholz, New York City, on the brief), for petitioner-appellant.

William A. Whitledge, Dept. of Justice, Washington, D.C. (John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup and Carleton D. Powell, Dept. of Justice, Washington, D.C., on the brief), for respondent-appellee.

Before OAKES, NEWMAN and WINTER, Circuit Judges.

NEWMAN, Circuit Judge:

This appeal presents a recurring issue concerning application of the exclusionary rule barring use of evidence unlawfully seized in violation of the Fourth Amendment: whether the rule applies to bar use of such evidence in a proceeding different from the one for which the search was conducted. In Pizzarello v. United States, 408 F.2d 579 (2d Cir.), cert. denied, 396 U.S. 986, 90 S.Ct. 481, 24 L...

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