James W. Killough v. United States

After the Supreme Court’s decision in McNabb v. United States, 318 U.S. 332, 63 S.Ct. 608 (1943), this court considered Mitchell v. United States, 78 U.S.App.D.C. 171, 138 F.2d 426 (1943). The sitting division then thought there was no alternative but to apply the McNabb “exclusionary” rule, and Mitchell’s conviction was reversed. The Government realized how devastating would be the effect upon the administration of justice of any such automatic and sweeping ap*937plication of McNabb, and accordingly certiorari was sought and was granted.

The Supreme Court reversed, United States v. Mitchell, 322…