Citations
- 217 F. Supp. 853
Full opinion text
WYZANSKI, District Judge.
This case is before me on defendant’s motion, pursuant to Rule 41(e), to suppress evidence and an alleged confession.
D’Alessandro, a special agent of the Intelligence Division of the Internal Revenue Service on April 5, 1962 made before United States Commissioner (1) an application to search the premises of Leaders Grocery, 74 Second St., Chelsea, and (2) a complaint that Jane Doe had violated 26 U.S.C. §§ 4411, 4412, and 7203.
The application stated:
“I have reason to believe that there-is presently being held in the same-premises in which I placed wagers, with a person or persons whose true- and correct identity is unknown to. me on or about February 1, 1962, April 3, 1962 and on other occasions, certain gambling materials, devices, equipment, and money, in violation of Title 26, U.S.Code, Sections 4401, 4411, 4412, and 7203. Said premises, described as Leaders Grocery, 74 Second Street, Chelsea, Massachusetts, being the first floor of a three story wood frame building painted brown and black and having a pitched roof, and a sign which reads “Leaders Grocery”.
Supporting both the application and complaint D’Alessandro offered (1) his affidavit and (2) the affidavit of Rose, another special agent.
D’Alessandro’s affidavit stated:
“That Jane Doe, white female, 53-57 years of age, B'7"-B'9"f 145-155 pounds, medium build, light com-, plexion, grey hair, wears glasses, did accept wagers from the complainant at Leaders Grocery, 74 Second Street, Chelsea, Massachusetts.