Dudley v. United States

SIDNEY O. SMITH, Jr., Chief Judge.

This is a civil proceeding in which the movant seeks to suppress and have returned certain evidence obtained as the result of a search effected on his premises by federal agents on July 3, 1969. The motion is made prior to indictment and seeks to enjoin the use of any such evidence before a Grand Jury for such purposes. Federal Rules of Criminal Procedure 41(e); In re Fried, 161 F.2d 453 (2d Cir. 1947).

The case arises out of an investigation of interstate gambling activities centered in Miami, where a wire tap had been authorized under 18 U.S.C.A. § 2516. In…