Franklin R. Masiello v. United States

BAZELON, Circuit Judge.

Appellant was convicted on all three counts of an indictment charging gambling violations.1 He seeks reversal on the ground, among others, that the District Court erroneously denied his 'pretrial motion, under Rule 41(e) of the Federal Rules of Criminal Procedure,2 to suppress certain evidence.

His motion alleged that this evidence— which included a revolver, books, and pieces of paper — had been seized in a search of his premises pursuant to a warrant which was executed in violation of 18 U.S.C. § 3109. That section authorizes an officer to break open a door in order to…