Legal Opinion

United States v. Duffy

District Court, S.D. New York

Decided April 10, 1968No. 67 Cr. 557PublishedCited by 5 opinions

1Opinion of the Court

WYATT, District Judge.

This is a motion by defendant, presumably under Fed.R.Crim.P. 41(e), for the return of property and its suppression for use as evidence. The property is six bottles containing distilled spirits (hereafter simply “spirits”). The bottles were seized on March 16, 1967 by officers of the Alcohol and Tobacco Tax Division of the Internal Revenue Service; these officers are called “special investigators” by the Service.

Evidence was received at hearings held on March 4 and 8, 1968.

Defendant is the operator of a public bar and grill, called “Duffy’s Tavern”, located at 4063…

2Cases cited5 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. See v. City of SeattleSupreme Court of the United States · 1967
  3. Yates v. MulrooneyAppellate Division of the Supreme Court of the State of New York · 1935
  4. Allen Glynn Peeples v. United StatesCourt of Appeals for the Fifth Circuit · 1965
  5. United States v. SessionsDistrict Court, N.D. Georgia · 1968

3Cited by5 opinions

  1. Petition of the Colonnade Catering Corp. v. United StatesCourt of Appeals for the Second Circuit · 1969
  2. State Liquor Commission v. GilbertSupreme Judicial Court of Maine · 1970
  3. Greensboro Elks Lodge v. North Carolina Board of Alcoholic ControlCourt of Appeals of North Carolina · 1975
  4. United States v. Hofbrauhaus of Hartford, Inc.District Court, D. Connecticut · 1970
  5. People v. CioffiNew York Supreme Court · 1975

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