United States v. Mitchell

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

At long last the Congress has granted the United States a right of appeal in all criminal eases from an order granting a motion to suppress evidence. See Section 3731, Title 18, United States Code, as amended by Pub.L. 90-351 in 1968. It is therefore appropriate that the grounds upon which the grant of de*1397fendant’s motion in this case is based be stated.

I

Defendant’s motion to suppress is directed (a) to a cardboard box containing shirts allegedly stolen from interstate commerce which were seized from the trunk of defendant’s automobile…