Legal Opinion
Tripodi v. Morgenthau
District Court, S.D. New York
Decided November 13, 1962PublishedCited by 10 opinions
1Opinion of the Court
METZNER, District Judge.
Petitioner is the owner and was in control of the premises at 438 South Fifth Avenue, Mt. Vernon, New York. He has moved pursuant to Fed.R.Crim.P. 41(e) for the return to him and the suppression as evidence against him of certain property seized at the premises.
On May 8th, 1962 a search warrant for the premises was issued by the Commissioner based upon an affidavit executed by a Special Agent of the Internal Revenue Service. That affidavit stated that the agent had reason to believe that there was concealed on the premises gambling paraphernalia “including, but not…
2Cases cited5 opinions
- Giordenello v. United StatesSupreme Court of the United States · 1958
- DiBella v. United StatesSupreme Court of the United States · 1962
- Mario Di Bella v. United StatesCourt of Appeals for the Second Circuit · 1960
- United States v. Office No. 508 Ricou-Brewster Bldg.District Court, W.D. Louisiana · 1954
- United States v. InterbartoloDistrict Court, D. Massachusetts · 1961
3Cited by10 opinions
- Commonwealth v. CrawleySuperior Court of Pennsylvania · 1966
- United States v. Thomas Anderson (Aka Workman), United States of America v. Samuel LovingCourt of Appeals for the Ninth Circuit · 1971
- Joseph F. Gillespie v. United States of America, Ransom D. Gillespie, Jr. v. United States of America, Harry Bennett v. United StatesCourt of Appeals for the Eighth Circuit · 1966
- United States v. BirrellDistrict Court, S.D. New York · 1965
- Application of GrayMontana Supreme Court · 1970
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