People v. Richer

This is a motion made in advance of the trial of this defendant upon the charge of violating section 1897 of the Penal Law as a felony, for the return of a revolver obtained from the defendant's home, and for an order restraining the district attorney and the police commissioner of the city of New York from using this evidence against the defendant upon the trial.

On June 26, 1925, the defendant was arrested upon another charge. Subsequent to this arrest, police officers, in the absence of the defendant, without his consent and without a search Warrant, searched the defendant's home and there…