United States v. Thomas

OPINION

WEINFELD, District Judge.

The defendant moves pursuant to Rule 41 of the Federal Rules of Criminal Procedure to suppress evidence as unlawfully seized without a warrant. On November 26, 1967, close to midnight, he was a passenger in the rear seat of an automobile operated by one Joseph Williams. At the intersection of Morning-side Avenue and 123d Street, John F. Sullivan, a New York City patrolman checking operators’ licenses and vehicle registrations, signalled Williams to pull over to the curb. As Sullivan stood at the driver’s window, he observed defendant take a small packet from…