Legal Opinion

In re Search Warrant for Premises Known as Encore House

District Court, S.D. New York

Decided October 19, 1983No. M 9-150 (RWS)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Encore House, Inc. and several other companies (the “Companies”) have moved this court, pursuant to the court’s general supervisory powers, to order the United States Attorney for the Southern District of New York to return to the Companies about $1 million in checks payable to the Companies that were seized under a search warrant. For the reasons stated below, the motion is granted.

The following facts are taken from the parties’ affidavits and have not been disputed before this court. The Companies oper*701ate various aspects of a mail order business, selling several…

2Cases cited7 opinions

  1. Weeks v. United StatesSupreme Court of the United States · 1914
  2. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  3. United States v. Premises Known as 608 Taylor Ave., Apartment 302, Pittsburgh, Pennsylvania Appeal of Harold MargolisCourt of Appeals for the Third Circuit · 1978
  4. Mr. Lucky Messenger Service, Inc. v. United States of AmericaCourt of Appeals for the Seventh Circuit · 1978
  5. United States v. MargesonDistrict Court, E.D. Pennsylvania · 1966

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3Cited by6 opinions

  1. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2006
  2. Krimstock v. KellyDistrict Court, S.D. New York · 2007
  3. Matter of Searches of Semtex Indus. Corp.District Court, E.D. New York · 1995
  4. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2006
  5. United States v. LamplughDistrict Court, M.D. Pennsylvania · 1997

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