Unnited States v. Bumbola

BRYANT, District Judge.

This is an-application made before trial upon affidavits to vacate a search and seizure made by members of the New York state constabulary, commonly called “state troopers,” without a warrant, and to suppress as evidence the use of the property seized thereunder, and to obtain a return of the property seized.

The moving and answering affidavits do not, in all respects, agree regarding the circumstances and facts surrounding the seizure. These discrepancies or disputes cannot be passed upon by the court through the medium of affidavits, and, when the statements are…