Scoggins v. United States

BAZELON, Circuit Judge.

Appellant was convicted of obtaining marihuana without payment of the tax required under 26 U.S.C. § 2593(a). 1 The crucial evidence consisted of two marihuana, cigarettes which the Government claims to have seized from appellant’s apartment under a search warrant. Admission of the cigarettes followed denial of appellant’s timely motion to suppress under Rule 41(e) 2 for lack of probable cause to issue a warrant. The principal question here is whether that denial was error.

Since we conclude that appellant is without standing to challenge' the evidence under Rule 41(e),…