United States v. Alvin McBride

The judgment denying McBride’s motion for new trial should, I think, be reversed and the motion should be remanded for further consideration in accordance with principles of law to be stated by this Court. The essential evidence of the crime was the coffee itself, which was seized from McBride’s truck without either an arrest or a search warrant. McBride moved to suppress that evidence on the ground that the coffee had been unlawfully seized. Allemand was the “key witness,” indeed the only witness, who testified on behalf of the government at the suppression hearing and he was the principal…