Charles W. Hoffritz v. United States of America, Laughlin E. Waters, United States Attorney, and Irwin R. Weiss

This suit was instituted to suppress certain evidence obtained by. a special agent of the Internal Revenue Service. Plaintiff, Charles W. Hoffritz, also sought a permanent injunction against the use of such evidence in any.criminal proceeding, and an order requiring that the evidence be returned to him. Named defendants, in addition to the United States . of America, were the United States attorney for the southern district of California, central division, and the special agent who had gathered the evidence.

The evidence in question consists of a transcript of plaintiff’s books, records, checks, receipts, and invoices, for the years 1947 to 19-51. It' is alleged in the complaint that this evidence was obtained by fraud and trickery, in violation of plaintiff’s rights under the Fourth and Fifth Amendments of the Constitution.

The fraud and trickery, according to the complaint, consisted of the special agent’s failure to disclose the true purpose of the agent’s investigation, and his false representation that such purpose was to recheck certain-civil adjustments which had been made for the years 1947 and 1948. The true purpose, plaintiff alleges, was to obtain'evidence for a…