United States v. Robert Sinclair Freeman

HAYS, Circuit Judge:

Appellant Freeman was indicted for unlawfully receiving, concealing, and facilitating the transportation and concealment of narcotic drugs, heroin and cocaine, in violation of 21 U.S.C. §§ 173 and 174. Judge Tenney, sitting without a jury, found Freeman guilty of the charge, insofar as it related to liquid cocaine. 1 On Freeman’s appeal, we are presented with a difficult question concerning the constitutional requirements for obtaining a search warrant.

Prior to trial appellant moved, pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure 2 to suppress the…