DiBella v. United States - 369 U.S. 121 (1962)

U.S. Supreme Court

DiBella v. United States, 369 U.S. 121 (1962)

DiBella v. United States

No. 21

Argued January 16-17, 1962

Decided March 19, 1962*

369 U.S. 121

Syllabus

An order of a Federal District Court granting or denying a pre-indictment motion under Federal Rule of Criminal Procedure 41(e) to suppress the evidentiary use in a federal criminal trial of property allegedly procured through an unlawful search and seizure is not appealable -- even when rendered in a different district from that of trial. Pp. 369 U. S. 121-133.

284 F. 2d 897, judgment vacated with instructions to dismiss the appeal.

290 F.2d 166 affirmed.