Supreme Court of the United States, 1959

Abel v. United States

Supreme Court of the United States · Decided March 23, 1959

359 U.S. 940; 79 S. Ct. 720; 3 L. Ed. 2d 674; 1959 U.S. LEXIS 1309 (United States Reports)

Counsel

James B. Donovan argued the cause for petitioner., With him on the brief was Thomas M. Debevoise, II. Solicitor General Rankin argued the cause for the United States., With him on the brief Were Acting Assistant Attorney General Yeagley, William F. Tompkins and 'Kevin T. Maroney.

Opinion of the Court

Certiorari, 358 U. S. 813

to the .United' States Court of Appeals for the Second Circuit. Argued February 24-25, 1959.

It is ordered that this case be set for reargument on October 12, 1959, at the head of the calendar for that date.’ Upon reargument counsel are requested to discuss in their further briefs and oral arguments, in addition to other issues, the following questions:

1. Whether under the laws and Constitution of the United States (a) the administrative warrant of the New York Acting District Director of the Immigration and Naturalization Service was validly issued, (b) such administrative warrant constituted a valid ■ basis. for arresting petitioner or taking him into custody, and (c) such warrant furnished a valid basis for the searches and seizures affecting his person, luggage, and the room occupied by him at the Hotel Latham.

2. Whether,. independently of such administrative warrant, petitioner’s arrest, and the searches, and seizures affecting his person, luggage, and the room occupied by him at the Hotel Latham, were valid under the laws and Constitution of the United States.

. 3. Whether on the record before us the issues involved in Questions “1 (a),” “1 (b),” and “2” are properly before the Court.

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