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REA v. UNITED STATES

No. 30.

350 U.S. 214 (1956)

76 S.Ct. 292

100 L.Ed. 233

REA v. UNITED STATES.

Supreme Court of United States.

Decided January 16, 1956.

Attorney(s) appearing for the Case

Joseph A. Sommer argued the cause for petitioner. With him on the brief was Thomas F. McKenna.

Beatrice Rosenberg argued the cause for the United States. With her on the brief were Solicitor General Sobeloff, Assistant Attorney General Olney and Marvin E. Frankel.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner was indicted for the unlawful acquisition of marihuana in violation of 26 U. S. C. § 2593 (a). The indictment, found in September 1953, was based on evidence obtained by a search warrant issued by a United States Commissioner, as authorized by Rule 41 (a) of the Rules of Criminal Procedure, in August 1953. Petitioner moved under Rule 41 (e) to suppress the evidence on the ground that the search...

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