(DOWNLOAD) "Connolly v. Medalie" by Second Circuit Circuit Court Of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Connolly v. Medalie
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 16, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Connolly, McGuire, and Murray filed separate petitions in the District Court for the Southern District of New York, praying that the United States attorney for that district be directed to suppress any evidence obtained through a search of certain premises used as a brewery, and a seizure of property found thereon, in a criminal proceeding already instituted against them, and in any other which might follow. Connollys petition alleged that he was "employed at 71 Riverside Avenue, City of Port Jervis * * * as a night watchman and was in sole charge, possession and control thereof." That at night certain prohibition agents broke the gate of the premises and forced an entrance, after which they searched a number of factory buildings, "said to be owned by the Neversink Cereal Beverage Company and the Neversink Ice Company, all the premises being surrounded by a wall." They had no search warrant and no probable cause to search without one. He gave no further details as to the circumstances of the search. The petitions of McGuire and Murray were identical, and even more scanty. Each alleged that prohibition agents broke and entered the premises described in Connollys petition, searched them, and "seized certain property therein." "Some time thereafter I entered those premises, was arrested and charged with a violation of the National Prohibition Act." That each was later arraigned and released on bail; and that the search and seizure was without warrant or probable cause. All three petitions were heard together, and the respondent answered, attempting to show that the officers had probable cause to suppose that the premises were being used as a brewery. As to Connolly, the answering affidavits alleged that he was a watchman who had fled upon learning the identity of the officers. They scaled a gate, entered the premises, and gained access to the buildings which they searched and found to be a brewery in operation. While there McGuire and Murray entered -- known to them under other names -- and "admitted to us that they were the operators of the brewery and that they had intended to move the beer that night. * * * We thereupon placed" them "under arrest as owners of the brewery." The judge decided that the entry was unlawful, and entered an order suppressing the use of the evidence so obtained.
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