United States ex rel. Alberti v. Follette

WEINFELD, District Judge.

Petitioner, imprisoned under a state judgment of conviction for a felony conspiracy,1 seeks his release upon a federal writ of habeas corpus upon the ground that his Fourth, Fifth and Fourteenth Amendment rights were violated by the admission in evidence of (1) a post-arrest statement by petitioner containing inculpatory admissions which he charges was coerced, and (2) a tape recording of a conversation between petitioner and an informant who had a recording instrument concealed on his person. The court finds, upon the facts presented, neither claim is of substance.

As…