John Von Utter, Jr. v. Donald P. Tulloch
Court of Appeals for the First Circuit
1Opinion of the Court
McENTEE, Circuit Judge.
Petitioner Von Utter was convicted in Massachusetts Superior Court for possession of narcotics in violation of the narcotics drug laws. The narcotics were seized in a search of his car pursuant to a search warrant issued to a Province-town police officer. Petitioner’s motion to suppress the evidence on the ground that the application for the warrant did not allege facts constituting probable cause was denied and his conviction was subsequently upheld by the Supreme Judicial Court. Commonwealth v. Von Utter, 1968 Mass.Adv.Sh. 559, 246 N.E.2d 806. Thereafter, Von Utter…
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