Melvin Corngold v. United States

BROWNING, Circuit Judge:

Melvin Corngold was convicted of receiving and concealing smuggled watches in violation of 18 U.S.C.A. § 545, and of conspiring to commit that offense in violation of 18 U.S.C.A. § 371. He appeals, contending that evidence introduced against him was obtained in violation of the Fourth Amendment. We reverse.

Customs agents saw appellant carrying packages into his apartment house. They detected the presence of radioactive material in appellant’s apartment by means of a “scintillator,” an instrument sensitive to radiation. They observed appellant and two other men carry…