Application of Charles F. Leahy

Leahy was arrested on October 25, 1957, in South San Francisco on a warrant validly issued charging him with violations of §§ 7201 and 4411 of Title 26 U.S.C.A. As an incident to the arrest, the premises where Leahy was arrested were searched and certain property and documents obtained. On November 6, 1957, Leahy began an action pursuant to Rule 41(e) of the Federal Rules of Criminal Procedure, Title 18 U.S.C.A., seeking to have the property so taken by the arresting officers returned to Leahy, or suppressed, for the reason that Leahy claimed that this property was obtained as the result of an illegal search. The same day that Leahy filed the above proceeding, November 6, 1957, the Grand Jury returned an indictment against Leahy, charging him with conspiracy to evade wagering taxes imposed by the United States, and with attempting to evade the federal excise tax on wagers.

Hearings on Leahy’s motion to suppress or return were had in the District Court, and on December 4, 1957, the motion was denied in part. A timely notice of appeal was filed, and in addition, Leahy sought a stay of the criminal proceedings in the District Court pending the outcome of his appeal. The stay was…