CALLEN

v.

PENNSYLVANIA RAILROAD CO.

Citator

Cited By (13 total)

• United States v. Vita, 294 F.2d 524 (2d Cir. 1961)
  …dibility of witnesses on a motion to exclude or suppress evidence is for the district judge to determine, Channel v. United States, 9 Cir., 1960, 285 F. 2d 217, 220; In re Fried, 2 Cir., 161 F. 2d 453, 457, 1 A.L.R.2d 996, certiorari dismissed 1947, 332 U.S. 807, 68 S.Ct. 105, 92 L.Ed. 384, and the testimony of the agents supported the judge’s conclusion that Vita was not detained and that he was advised of his rights. Shortly before 10:00 a. m. on Monday, December 21, 1959, approximately 15' months after…
• Hunsucker v. Phinney, 497 F.2d 29 (5th Cir. 1974)
  …0 F.Supp. 670 (D.C.D.C.1954); Friedman v. Yellowley, 290 F. 248 (E.D.N.Y.1923); United States v. Hee, 219 F. 1019 (D.N.J.1915). Cf. In re Fried, 161 F. 2d 453 (CA2, 1947), cert. granted, 331 U.S. 804, 67 S.Ct. 1755, 91 L.Ed. 1826, cert. dismissed, 332 U.S. 807, 68 S.Ct. 105, 92 L.Ed. 384 (pre-indictment suppression of confession on fifth amendment grounds). . The classic statement of the theory is that contained in Judge Hough’s opinion in United States v. Maresca, 266 F. 713, 717 (S.D.N.Y.1920): Whenev…
• Joseph W. Richey and wife v. Smith, 515 F.2d 1239 (5th Cir. 1975)
  …on of the seized material leads to a criminal prosecution, it may not be sufficient that a motion to suppress the evidence can be filed prior to the criminal trial. As Judge Frank observed in In re Fried, 2 Cir. 1947, 161 F. 2d 453, cert. dismissed, 332 U.S. 807, 68 S.Ct. 105, 92 L.Ed. 384: The government further argues that an indictment founded upon such' illicit evidence will do the applicant no harm, since such evidence will not be admitted at the trial which follows the indictment. That is an astonish…