United States ex rel. Mahoney v. Thomas

WEINFELD, District Judge.

Edward F. Mahoney, currently serving a sentence of from ten to twelve years following his conviction in the Supreme Court of Kings County, New York, of robbery in the first degree, seeks his release on a federal writ of habeas corpus, contending that his federal rights under the Fourth and Fourteenth Amendments were violated when allegedly illegally seized evidence was used against him at his trial.

The judgment convicting petitioner was entered on March 27, 1961, when evidence, even though obtained through an unreasonable search and seizure, was admissible in criminal…