Legal Opinion
United States v. De Vivo
District Court, E.D. New York
Decided January 10, 1961No. 60-Cr.-323PublishedCited by 15 opinions
1Opinion of the Court
BARTELS, District Judge.
Pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, 18 U.S.C. A., defendant moved to suppress evidence, consisting of certain merchandise seized by Special Agents of the Federal Bureau of Investigation on April 20, 1960 in his garage and apartment located at 1930 85th Street, Brooklyn, N. Y.
The issue here is whether or not defendant gave his permission voluntarily and freely to the F.B.I. agents to search his garage and also his apartment. As in most of such applications, there exists a sharp conflict between the testimony offered by the Government and…
2Cases cited11 opinions
- Johnson v. United StatesSupreme Court of the United States · 1948
- Judd v. United StatesCourt of Appeals for the D.C. Circuit · 1951
- Higgins v. United StatesCourt of Appeals for the D.C. Circuit · 1954
- United States v. George Ludwig DornblutCourt of Appeals for the Second Circuit · 1958
- United States v. AdelmanCourt of Appeals for the Second Circuit · 1939
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Ruth SmithCourt of Appeals for the Second Circuit · 1962
- John E. Burke v. United States of America, Leo C. Burke v. United StatesCourt of Appeals for the First Circuit · 1964
- United States v. BurkeDistrict Court, D. Massachusetts · 1963
- State v. MarshallOregon Supreme Court · 1963
- State v. PenningtonSupreme Court of Louisiana · 1963
10 more not listed; retrieve them via the Exa API.