Imperial Distributors, Inc. v. United States of America

BOWNES, Circuit Judge.

Petitioners-appellants 1 challenge the denial of their preindictment motion for the return and/or suppression, pursuant to Fed. R.Crim.P. 41(e), of business records, films, and magazines seized under authority of a warrant by federal agents from a truck owned by petitioner Guarino on February 28, 1978. The motion is predicated upon petitioners’ contention that the underlying affidavit failed to establish a nexus between the materials sought and the van seized; that much of the supporting information was stale; that the magistrate, using a bifurcated approach, improperly…