United States v. Lebovitz, Crim. No. 80-148.
| Decision Date | 25 November 1980 |
| Docket Number | Crim. No. 80-148. |
| Citation | 506 F. Supp. 249 |
| Parties | UNITED STATES of America v. Robert A. LEBOVITZ. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Thomas W. Corbett, Jr., Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.
James K. O'Malley, Livingston, Miller, O'Malley & Clark, Pittsburgh, Pa., for defendant.
The defendant, Robert A. Lebovitz, has been named in an indictment charging him with one count of conspiracy in violation of 18 U.S.C. § 371 and with thirteen counts of mail fraud in violation of 18 U.S.C. § 1341. Defendant has moved to suppress certain evidence seized by federal agents during a search of his office at 2018 Monongahela Avenue, Pittsburgh, Pennsylvania, on July 26, 1979. In support of his motion to suppress, defendant asserts that the warrant was issued without sufficient probable cause, that the affidavit supporting the warrant contained material misrepresentations of fact, and that the warrant authorized an unduly broad and general search in violation of defendant's Fourth Amendment rights.
After hearing and review of the briefs submitted, we find that the motion to suppress should be denied.
Defendant contends that to establish probable cause for the granting of a search warrant, the affidavit must provide some reasonable basis for the magistrate to infer that the law firm of Lebovitz, Lebovitz and Kwall, or some member thereof, had knowledge that certain medical bills were false and inflated and with this knowledge, said bills were submitted to insurance companies to increase the value of a case. A review of the affidavit in support of the warrant shows that such an inference can be drawn. Paragraph six of the affidavit reads as follows:
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Gartley, In re
...is clear. Thus, we conclude that the description of the area to be searched here was not overbroad. 4 See United States v. Lebovitz, 506 F.Supp. 249 (W.D.Pa.1980), aff'd on other grounds, 669 F.2d 894 (3d Cir.1982), cert. den., 456 U.S. 929, 102 S.Ct. 1979, 72 L.Ed.2d 446 (1982) (Warrant sp......
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Search Warrant B-21778, In re
...the reality that attorneys do not invariably store their files within the confines of their personal office. See United States v. Lebovitz, 506 F.Supp. 249 (W.D.Pa.1980) cert. denied, Lebovitz v. United States, 456 U.S. 929, 102 S.Ct.1979, 72 L.Ed.2d 446 (1982) (search of a law office to se......
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In re Cook
...In United States v. Lebovitz , a search warrant permitted the seizure of 25 client files from a law firm's office. 506 F. Supp. 249, 250–51 (W.D. Pa. 1980). The affidavit stated the defendant attorneys and their firm represented clients who were involved in accidents in claims against insur......