United States v. McCunn

BONDY, District Judge.

This is a motion by the defendants MeCunn and Collins for an order directing the United States attorney to return to the defendants property alleged to have been wrongfully seized and for an order suppressing the use thereof as evidence against them.

The search and seizure were made without a search warrant, and therefore can be sustained, if at all, only if made as an incident of a lawful arrest, or if made with the consent of the defendants.

The defendant Collins was arrested on the second floor of a loft building under a warrant which was issued upon a complaint, all…