United States v. James Harris, Jr., and Angelo Palermo

OPINION OF THE COURT

The government takes this appeal under 18 U.S.C. § 3781 from an order of suppression. We are to decide whether the F.B.I. agents were present on the premises lawfully, under the teachings of United States v. Horton, 328 F.2d 132 (3d Cir.), cert. denied sub nom. Edgar v. United States, 377 U.S. 970, 84 S.Ct. 1651, 12 L.Ed.2d 739 (1964), so as to permit reception of their testimonial observations and interrogations. The district court found that there was no consent to their entrance and suppressed observations made or statements taken thereafter. See Wong Sun v. United…