Rea v. United States, 350 U.S. 214 (1956)

Rea v. United States

No. 30

Argued November 10, 1955
Decided January 16, 1956
350 U.S. 214

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

On the basis of evidence seized under an invalid federal search warrant, petitioner was indicted in a federal court for unlawful acquisition of marihuana. On his motion under Rule 41(e) of the Federal Rules of Criminal Procedure, this evidence was suppressed. Thereafter, he was charged in a state court with possession of marihuana in violation of state law. Alleging that the evidence suppressed in the federal court was the basis of the state charge, petitioner moved in a federal court for an order enjoining the federal agent who had seized the evidence from transferring it to state authorities or testifying with respect thereto in the state courts.

Held: the motion should have been granted. Pp. 214-218.

218 F.2d 237 reversed.