United States v. Vomero

MOSCOWITZ, District Judge.

This motion is for an order to suppress for use as evidence some 400 grains of narcotics seized by the Government in the defendant’s home without a search warrant.

A motion for return of property and to suppress evidence upon five enumerated grounds is provided for by Rule 41(e) of the new Federal Rules of Criminal Procedure. No formalities for making the motion are there specified. Rule 47, which is concerned with all criminal motions, provides that a motion “may” be supported by affidavit. It has been held that the word “may” was used advisedly by the framers of the…