Geniviva v. Bingler
Decision Date | 09 October 1961 |
Docket Number | Misc. No. 2748. |
Citation | 206 F. Supp. 81 |
Parties | Cosmo S. GENIVIVA and Helen V. Geniviva v. John H. BINGLER, District Director, Internal Revenue Service, U. S. Treasury Department. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Hubert I. Teitelbaum, Pittsburgh, Pa., for plaintiffs.
Joseph S. Ammerman, U. S. Atty., and Samuel J. Reich, Sp. Atty., Pittsburgh, Pa., for defendant.
This action is before the Court on plaintiffs' motion to suppress for use as evidence by defendant certain items of plaintiffs' property.
The parties have stipulated the following facts:
Plaintiffs moved to quash the summons for return of the property and to suppress its use in evidence. After hearing, the Court denied the motion to quash the summons, ordered the property profor inspection by agents of the Internal Revenue Service and then returned to plaintiffs. Decision was reserved at that time on plaintiffs' motion to suppress.
Plaintiffs contend that the use of the property in evidence in any criminal proceeding would violate their rights under the Fourth and Fifth Amendments to the Constitution of the United States. It may be noted that plaintiffs have not been indicted nor has any criminal proceeding been commenced against them.
In Burdeau v. McDowell, 256 U.S. 465, 41 S.Ct. 574, 65 L.Ed. 1048 (1921) plaintiff brought a civil suit to restrain the use in evidence of and for the return of certain books and papers which had been stolen and, several months later, turned over by the thief to a Special Assistant to the Attorney General of the United States. The Court held that the United States could retain the papers for use as evidence in a criminal proceeding and set forth the following principles at p. 475 of 256 U.S., 41 S.Ct. 574:
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State v. Droutman
...to searches conducted by private individuals. State v. Robinson, 86 N.J.Super. 308, 318, 206 A.2d 779 (Law Div.1965); Geniviva v. Bingler, 206 F.Supp. 81, 83 (W.D.Pa.1961). Accordingly, the Fourth and Fourteenth Amendments do not require the exclusion of evidence obtained through private ac......
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...Corngold v. United States, 367 F.2d 1, 4 (9 Cir. 1966); Barnes v. United States, 373 F.2d 517, 518 (5 Cir. 1967); Geniviva v. Bingler, 206 F.Supp. 81, 83 (W.D.Pa.1961), specifically considering the effect of Elkins and Mapp on Burdeau and holding that, 'The rule, however, has not been expan......
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People v. Torres
...effect as the above Sartain v. United States, 9 Cir., 303 F.2d 859; Marshall v. United States, 9 Cir., 352 F.2d 1013; Genivia v. Bingler, D.C., 206 F.Supp. 81; People v. Trimarco, 41 Misc.2d 775, 245 N.Y.S.2d 795; State v. Robinson, 86 N.J.Super. 308, 206 A.2d 779; State v. Olsen, 212 Or. 1......
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