District Court, D. Delaware March 6, 1964, Cr. A. 1554, 1556 (United States v. Poppitt)

STEEL, District Judge.

The question for decision is whether property seized by federal officers under a federal search warrant can be used against defendants in a federal court trial for the violation of a federal statute.

Defendants Alfred and Veronica Pop-pitt, husband and wife, were charged by separate informations with the commission of a misdemeanor, i. e.