United States v. St. Clair

WEINFELD, District Judge.

The defendant moves, pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, to suppress as evidence upon his trial narcotics seized in his apartment during the course of a search following his arrest without a warrant.

It is not disputed that by reason of events relating to a sale and delivery of narcotics on the night of July 10-11, 1968, narcotics agents Bowen and Griffin had probable cause for the defendant’s arrest without a warrant. 1 But the defendant was not arrested until September 18, 1963. Clearly there was ample time during the intervening ten…