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237 F.2d 727

Docket No. 16208.

Gregory v. United States

Fifth Circuit Court of Appeals

Decided Nov. 2, 1956.

Rehearing Denied Nov. 30, 1956.

Fifth Circuit Court of Appeals · decided 1956-11-02

Cited by 6 later decisions — most recently February 1958

6 federal appellate ·

2 counsel of record

Relies on Steele v. United States No. 1

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1956-11-02

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¶1Herbert A. Ringel, H. A. Stephens, Jr., Smith, Field, Doremus & Ringel, Atlanta, Ga. (Woodruff, Swift & Stephens, Atlanta, Ga., of counsel), for appellant.

¶2J. Robert Sparks, Asst. U. S. Atty., James W. Dorsey, U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

¶3Before HUTCHESON, Chief Judge, and BORAH and BROWN, Circuit Judges.

¶4*728PER CURIAM.

¶5Appealing from an order1 denying his motion for the return of a typewriter seized under a search warrant2 and to suppress its use as evidence, appellant is here insisting that the warrant commanded and authorized the search not of his premises but of his person, and the search of his premises and seizure of the typewriter was an unreasonable search and seizure · Case Law">unreasonable search and seizure in violation of the Fourth Amendment3 and of Rule 41 of the Rules of Criminal Procedure, 18 U.S.C.A.

¶6We are of quite the contrary opinion. Indeed, we think that, in pressing for this construction of the constitutional provision, appellant reads out of it the rule of reason it enjoins and enshrines, to read into it instead unreason, its opposite.

¶7The district judge was right in denying the motion. His order is Affirmed.

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