Legal Opinion

United States v. Gooding

District Court, District of Columbia

Decided June 11, 1971No. Crim. No. 667-71PublishedCited by 11 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GESELL, District Judge.

Defendant is charged with possession of heroin and narcotics paraphernalia in violation of 21 U.S.C. § 174 and 26 U.S. C. § 4704(a). He has moved to suppress the physical evidence seized pursuant to Magistrate’s Search Warrant No. Dll448-71CR, on the grounds that the warrant was executed in the nighttime in violation of 23 D.C.Code § 523(b), which reads as follows:

A search warrant may be executed on any day of the week and, in the absence of express authorization in the warrant pursuant to section 23-521 (f) (5), shall be executed only during the…

2Cases cited3 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. United States v. TuckerDistrict Court, S.D. New York · 1966
  3. United States v. Eulice Stallings, William Earl WilsonCourt of Appeals for the Seventh Circuit · 1969

3Cited by11 opinions

  1. Gooding v. United StatesSupreme Court of the United States · 1974
  2. United States v. ThomasDistrict of Columbia Court of Appeals · 1972
  3. In re L. J. W.Court of Appeals for the D.C. Circuit · 1977
  4. Thomas v. United StatesSupreme Court of the United States · 1972
  5. United States v. Lonnie Gooding, United States of America v. Leon F. BarnettCourt of Appeals for the D.C. Circuit · 1973

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