OTIS BROWN, JR., AND MARY LOUISE MEDLEY, APPELLANTS,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that a district judge may properly hear and consider a case, even if based on evidence unlawfully seized by local authorities, provided there is no federal officer participation in the search.
Defendants were convicted based on evidence conceded to have been unlawfully seized by local authorities. It was also conceded that there was no feder…
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PER CURIAM.
This appeal was presented in an unusual and irregular way. No briefs were filed and only one copy of the typewritten transcript.
It was argued orally and submitted on improvised citations of authorities in lieu of briefs.
The sole question presented is whether, the jury being waived, the District Judge, over objections of the defendants, properly heard and considered the case, and convicted the defendants upon evidence conceded to have been unlawfully seized by local authorities. It also was conceded that there was no evidence of federal officer participation in the search, either physically or through cooperation or tacit agreement or understanding between local and federal authorities.
The question, some time ago, was decided by this Court in Ford v. United States, 234 F. 2d 835, and by the Seventh Circuit in United States v. Moses, 234 F. 2d 124. See, also, Irvine v. People of State of California, 347 U.S. 128, 74 S.Ct. 381, 98 L.Ed. 561.
Judgment of the District Court affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Irvine v. California, 347 U.S. 128 (U.S. 1954)
- Ford v. United States, 234 F.2d 835 (6th Cir. 1956)
- United States v. Moses, 234 F.2d 124 (7th Cir. 1956)