United States v. Griffin

DICKINSON, District Judge.

When this motion was first heard, United States v. Cooper (D. C.) 295 F. 709, had been reported. We reached the same conclusion which Judge Brewster had reached, but placed it on different grounds. The reasoning in the Cooper Case began with the proposition that the destruction of a large part of the property seized, having been without warrant of law, made the officers trespassers ab initio, and the seizure itself unlawful. We were unable to see that the commission of a trespass affected or even touched the real question, which was wholly one of constitutional…