United States v. Pete

District of Columbia

United States v. Pete

111 F. Supp. 292

CourtDistrict Court, District of Columbia

DecidedApril 20, 1953

DocketCr. 199-53

StatusPublished

Cited by20 cases

This text of 111 F. Supp. 292 (United States v. Pete) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Pete, 111 F. Supp. 292 (D.D.C. 1953).

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LAWS, Chief Judge.

Defendant has filed a motion to suppress evidence which she had admittedly embezzled and turned over to another for safe-keeping. The property was seized in the unlawful arrest of the party to whom defendant had given the property. No search of premises was involved. The question is whether defendant may avail herself of the wrongful seizure from another of property identified as fruits of crime.

[293]*293By the decision of Jeffers v. United States, 1950, 88 U.S.App.D.C. 58, 187 F.2d 498, affirmed 1951, 342 U.S. 48, 72 S.Ct. 93, 96 L.Ed. 59, it is established that the infringement protected against by the Fourth Amendment to the Constitution includes the unlawful seizure of property as well as the illegal search of premises,-and that an interest by defendant in the seized property gives rise to the right to invoke the protection of the Amendment. For purposes of the exclusionary rule, the Supreme Court recognized a property right in contraband narcotics, notwithstanding they were subject to forfeiture. This proprietary interest continues when the property is entrusted to another party, Pielow v. United States, 9 Cir., 1925, 8 F.2d 492, and when it is converted to other forms, here checks, bankbooks and an automobile title.

This Court, therefore, is constrained to suppress the use as evidence of the embezzled property unlawfully seized from the party to whom they were entrusted.

Defendant has moved to require the Government to furnish counsel for defendant with copies of statements or confessions made by defendant to police. This is not a right created by Rule 16 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., defining discovery procedures. Shores v. United States, 8 Cir., 1949, 174 F.2d 838, 11 A.L.R.2d 635. Cases in the District of Columbia have permitted discovery of confessions and statements to the police, 4 Barron & Holtzoff § 2032, p. 126, note 8, but in them the Court deemed it necessary in the interest of justice that defendant should have such discovery. See Shores v. United States, supra, 174 F.2d at page 845. In the present case no showing of necessity has been made.

Motion to suppress granted. Motion to require the furnishing to defendant with copies of statements or confessions made to police is denied.

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LAWS, Chief Judge.

Defendant has filed a motion to suppress evidence which she had admittedly embezzled and turned over to another for safe-keeping. The property was seized in the unlawful arrest of the party to whom defendant had given the property. No search of premises was involved. The question is whether defendant may avail herself of the wrongful seizure from another of property identified as fruits of crime.

[293]*293By the decision of Jeffers v. United States, 1950, 88 U.S.App.D.C. 58, 187 F.2d 498, affirmed 1951, 342 U.S. 48, 72 S.Ct. 93, 96 L.Ed. 59, it is established that the infringement protected against by the Fourth Amendment to the Constitution includes the unlawful seizure of property as well as the illegal search of premises,-and that an interest by defendant in the seized property gives rise to the right to invoke the protection of the Amendment. For purposes of the exclusionary rule, the Supreme Court recognized a property right in contraband narcotics, notwithstanding they were subject to forfeiture. This proprietary interest continues when the property is entrusted to another party, Pielow v. United States, 9 Cir., 1925, 8 F.2d 492, and when it is converted to other forms, here checks, bankbooks and an automobile title.

This Court, therefore, is constrained to suppress the use as evidence of the embezzled property unlawfully seized from the party to whom they were entrusted.

Defendant has moved to require the Government to furnish counsel for defendant with copies of statements or confessions made by defendant to police. This is not a right created by Rule 16 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., defining discovery procedures. Shores v. United States, 8 Cir., 1949, 174 F.2d 838, 11 A.L.R.2d 635. Cases in the District of Columbia have permitted discovery of confessions and statements to the police, 4 Barron & Holtzoff § 2032, p. 126, note 8, but in them the Court deemed it necessary in the interest of justice that defendant should have such discovery. See Shores v. United States, supra, 174 F.2d at page 845. In the present case no showing of necessity has been made.

Motion to suppress granted. Motion to require the furnishing to defendant with copies of statements or confessions made to police is denied.

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