ANTHONY PAUL MARULLO, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

5th Cir. | 1964-04-08
No. 20756
330 F.2d 609 Court of Appeals for the Fifth Circuit (1964)
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

It is ordered that the petition for rehearing filed in the above entitled and numbered cause is hereby denied.

One point deserves clarification. Petitioner argues that the search in question must be found to be “unreasonable” under the Fourth Amendment. He contends that the present case is controlled by Chapman v. United States, 1961, 365 U.S. 610, 81 S.Ct. 776, 5 L.Ed.2d 828. Since we held that the location of the evidence in question was not within the protection of the Fourth Amendment, the reasonableness of the search is not a relevant constitutional consideration.


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