Mario Di Bella v. United States

I concur in the holding that, inasmuch as the motion was made prior to indictment, the denial of the motion to suppress is an appealable order. I also agree with my colleagues that the warrant of arrest is invalid under Giordenello v. United States, 1958, 357 U.S. 480, 78 S.Ct. 1245, 2 L.Ed.2d 1503 and earlier cases. However, I am unconvinced that Agent Costa had “reasonable grounds” for arresting DiBella without possessing a valid warrant for his arrest. Therefore, I would hold that the subsequent search of the DiBella home cannot be justified as incidental to DiBella’s lawful arrest.…