United States v. Frank Soyka

J. JOSEPH SMITH, Circuit Judge:

Frank Soyka, convicted after trial to the jury in the United States District Court for the Southern District of New York, Richard H. Levet, Judge, of possession of illegally imported narcotics knowing it to have been illegally imported, in violation of 21 U.S.C. §§ 173 and 174, appeals. We find error in the denial of a motion to suppress evidence obtained in a search- of Soyka’s apartment, and reverse and remand for dismissal of the indictment.

Following his indictment and plea of not guilty, Soyka moved to suppress evidence against him. After an evidentiary…