United States v. Goldstein, Cr. No. 70-358-C

• Citation: 321 F. Supp. 959
• Decision Date: 19 January 1971
• Docket Number: Cr. No. 70-358-C,70-380-C.
• Parties: UNITED STATES of America v. Gerald K. GOLDSTEIN. UNITED STATES of America v. Barbara S. GOLDSTEIN.
• Court: U.S. District Court — District of Massachusetts

321 F. Supp. 959

UNITED STATES of America
v.
Gerald K. GOLDSTEIN.
UNITED STATES of America
v.
Barbara S. GOLDSTEIN.

Cr. Nos. 70-358-C, 70-380-C.

United States District Court, D. Massachusetts.

January 19, 1971.

Herbert F. Travers, Jr., U. S. Atty., Willie J. Davis, Asst. U. S. Atty., for plaintiff.

Joseph S. Oteri, Kevin M. Keating, Mitchell Benjoya, Crane, Inker & Oteri, Boston, Mass., for defendants.

MEMORANDUM and ORDER

CAFFREY, District Judge.

This matter came before the court upon a motion, filed in both cases, to suppress the use as evidence of all articles, including a quantity of hashish (marihuana), seized by federal agents on or about September 29, 1970, in or about the premises at 40 Summit Street, Salem, Massachusetts, on the ground that the search and seizure were conducted without probable cause and on the basis of an invalid search warrant, in violation of defendants' rights under the Fourth and Fourteenth Amendments to the Constitution.

The invalidity of the search warrant is said to stem from the lack of specificity in that part of the affidavit in support of the search warrant which indicates that a quantity of hashish traveled from the location of the addressee, Temple Shalom, on Lafayette Street, Salem, to the home of the defendants at 40 Summit Street, Salem.

The affidavit, which is attached as Exhibit "C" to the memorandum of law in support of the motion, reads as follows:

"On July 13, 1970, at the United States Customs Mail facility at New York, New York, Special Agent Joseph F. King examined and detained a parcel approximately 14" × 9" × 7" addressed to Temple Shalom Synagogue, Lafayette Street, (corner of Ocean Street), Salem, Massachusetts 01970, U. S. A. bearing return address G GUR mailed from Israel bearing the words Books printed in Israel which contained approximately ten (10) pounds of a vegetable material resembling hashish (marihuana).

"The Postal Inspector G. Gilbarf on July 14, 1970, delivered it via Registered Mail, numbered pouch to Postal Inspector J. F. Nieskens in Boston who delivered same to Special Agent Callahan of the United States Treasury Department. Special Agent Callahan delivered a small sample of the

321 F. Supp. 960

material to Customs Chemist Shirley Harrington who tested same and confirmed that the sample is in fact hashish (marihuana).

"On September 25, 1970, Special Agent Callahan in the presence of Special Agent Soghigian applied a small amount of color codes flourescent powder to

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