United States v. Banner

*931MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

Aggrieved by an allegedly unlawful seizure of a contraband weapon by law enforcement officers, the defendant Mrs. Georgia R. Banner has moved to suppress for use as evidence herein the weapon, on the ground that the property was illegally seized without a warrant. Rule 41(e) (1), Federal Rules of Criminal Procedure. The Court received evidence on the issues of fact necessary to a decision of the motion on May 11, 1972. Idem.

It is stipulated that the weapon was seized from Mrs. Banner’s vehicle without a warrant. The prosecution contends that…