United States Ex Rel. Mancini v. Rundle

FREEDMAN, District Judge.

The petition for habeas corpus in this case presents the question whether Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961), which overruled Wolf v. Colorado 1 and held that evidence obtained by a search and seizure in violation of the Federal Constitution is inadmissible in a State criminal trial, applies to a State prisoner whose trial was held before the decision was announced.

Before I reach this important question of law a question of fact must first be determined — whether the search and seizure here made was illegal.

I

The magistrate issued a search…