United States v. Joseph Alex Rudy

This is an appeal from an order of contempt of court.

On October 6, 1969, Rudy was arrested after picking up a bag which had been placed by government agents pursuant to handprinted ransom letters received in a kidnapping case.

The next day a complaint was filed before the United States Commissioner, charging Rudy with depositing for mailing a communication containing ransom demands. 18 U.S.C. § 876 . The complaint was supported by the affidavit set forth in the Appendix. The government does not contend that Rudy was involved in the abduction of the kidnapped victim. Counsel was appointed for Rudy by the Commissioner and a preliminary hearing was scheduled for October 16, 1969.

On October 8, 1969, Rudy moved to quash the warrant of arrest on the ground that the affidavit of Special Agent Morgan was insufficient to establish probable cause. The motion was denied by the Commissioner.

At the preliminary hearing, counsel stipulated that the affidavit be eon sidered as evidence in that proceeding and no additional evidence was received. However, the Commissioner granted the government a continuance of the hearing to enable the government to seek an order from the district court…