United States v. Murrell Bedford

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are confronted in this case with the issue of the admissibility in a federal prosecution of evidence seized under the authority of a state search warrant, executed by city and federal law enforcement officers eight days after its issuance, despite the provision in the warrant to search defendant’s residence “forthwith.”

The district court held the warrant was stale when executed, and accordingly granted a motion to suppress evidence with respect to narcotics seized in the search of defendant’s own apartment. However, the court also held that the *653three…