Legal Opinion

United States v. Miller

District Court, W.D. New York

Decided January 3, 1941No. 2045-CPublishedCited by 5 opinions

1Opinion of the Court

KNIGHT, District Judge.

This is a motion to suppress the evidence obtained under a search warrant and to vacate such search warrant.

The motion must be denied on two separate grounds.

First: The petition is insufficient in that it does not allege the violation of the constitutional rights of the defendants or either of them. The defendants claim that the petition is sufficient in this respect by reason of certain admissions claimed to have been made by the defendants to the investigators at the time of the search and seizure. The most that can be claimed for such admissions is that petitioner…

2Cases cited5 opinions

  1. Connolly v. MedalieCourt of Appeals for the Second Circuit · 1932
  2. In Re Phoenix Cereal Beverage Co.Court of Appeals for the Second Circuit · 1932
  3. Bucari v. FiliDistrict Court, M.D. Pennsylvania · 1940
  4. United States v. EdelsonCourt of Appeals for the Second Circuit · 1936
  5. Nobriga v. United StatesCourt of Appeals for the First Circuit · 1927

3Cited by5 opinions

  1. United States v. Samson EisnerCourt of Appeals for the Sixth Circuit · 1962
  2. El Pueblo de Puerto Rico v. Hernández TurellSupreme Court of Puerto Rico · 1954
  3. People v. FelicianoNew York Supreme Court · 1972
  4. People v. Hernández TurellSupreme Court of Puerto Rico · 1954
  5. Turner v. AndersenDistrict Court, E.D. New York · 1956

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