Orval Care v. United States

MELLOTT, District Judge.

Appellant, 1 following an extended hearing on his motion to suppress evidence alleged to have been obtained by means of an illegal search and seizure, after denial of the motion, waived trial by jury upon the charges contained in a six-count indictment 2 and submitted the issues to the court upon the evidence adduced at the hearing on the motion. He was found guilty on each count, placed on probation for five years and appealed.

The denial of the motion to suppress is crucial; for without the evidence secured in the search, the conviction cannot stand. The trial court…