United States v. Richard L. Swihart

WEICK, Circuit Judge.

The Government has appealed from an order of the District Court granting appellee Swihart’s motion to suppress evidence seized pursuant to a search warrant issued by a United States Magistrate. The evidence suppressed was a large quantity of Dupont smokeless gun powder. Its seizure resulted in an indictment charging Swihart in six separate counts of a twenty-six count indictment, which indictment also charged three other persons with similar offenses. Swihart was charged with transporting and receiving stolen ammunition moving in interstate commerce, in violation of 18…