United States v. Nelson
Decision Date | 30 August 1967 |
Docket Number | No. 9569.,9569. |
Citation | 274 F. Supp. 383 |
Parties | In the Matter of a Motion to Quash a Search Warrant and to Suppress Evidence in the Case of UNITED STATES of America v. Robert L. NELSON, Pending in the United States District Court for the Western District of Texas. |
Court | U.S. District Court — Southern District of Texas |
Wendell S. Loomis, Houston, Tex., for movant.
Fred Hartman, Asst. U. S. Atty., Houston, Tex., for Government.
Memorandum and Order
Robert L. Nelson, through his attorney, Mr. Wendell Loomis, has filed in this court a motion to quash a search warrant and suppress evidence obtained under the warrant. The evidence obtained under the challenged warrant was procured in this district. However, it appears that the evidence is to be used by the Government against Robert L. Nelson in a criminal action currently pending in the Western District of Texas, Austin Division.
Rule 41(e) of the Federal Rules of Criminal Procedure provides that a party aggrieved by an unlawful search and seizure may challenge the search and seizure by a motion to suppress filed either in the district where the property was obtained or in the district in which the trial is to be held and at which the property allegedly will be offered as evidence. This does not mean that the moving party is as a matter of right entitled to have a hearing on the motion in the district where the property was seized. Whether the party is entitled to a hearing on the motion is a matter within the discretion of the trial judge. On the basis of the facts alleged in the motion, it is my opinion that the motion should be heard in the district court in which the trial is to be held. In In re United States v. Lester, 21 F.R.D. 30 (S.D.N.Y.1957), the court stated:
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...is a related criminal action pending in another district. See United States v. Lester, 21 F.R.D. 30 (S.D.N.Y.1957); United States v. Nelson, 274 F.Supp. 383 (S.D.Tex. 1967); see also Freedman v. United States, 421 F.2d 1293 (9th Cir. 1970), cert. denied 404 U.S. 992, 92 S.Ct. 538, 30 L.Ed.2......