District of Columbia v. Ray

NEBEKER, Associate Judge:

This is an appeal by the District of Columbia in a libel action aimed at money and equipment seized during execution of a search warrant for gambling material. Summary judgment was entered depriving the District of a factual hearing into the legality of the execution of a search warrant because in a prior criminal action brought by the United States, the United States District Court had determined on a motion to suppress that the search warrant was illegally executed. Summary judgment was also based on the fact that in the preliminary hearing stage a judge of the then…