United States v. Tolomeo

GIBSON, District Judge.

The defendant has moved the court to quash a search warrant, issued on January 6, 1943, to Joseph E. Thornton, Special Agent in Charge, and Martin A. Manley, Special Agent, Federal Bureau of Investigation, Civil Officers of the United States, “his Agents or Deputies, or any or either of them”; and to suppress the evidence obtained upon the service of the warrant.

The defendant attacks the validity of the service of the warrant, first, because it was not served by the officers specifically named as persons to whom it was issued. It was served by F. B. I. agents under the…