United States America v. Ernest T. Page

The government appeals from the granting of a motion to suppress evidence, following the granting of a mistrial. (18 U.S.C. ? 1404) Page was indicted for violating 21 U.S.C.A. ? 174, and the motion was directed to certain narcotics found by government agents during a search of his home. The court below heard the motion upon Pages affidavit and upon the oral testimony of Page and of four of the agents. It then ruled that, as a matter of law, it was bound to grant the motion under the decision of this court in Channel v. United States, 1960, 9 Cir., 285 F.2d 217, and the cases therein cited, particularly Higgins v. United States, 1954, 93 U.S.App.D.C. 340, 209 F.2d 819. We ordered a hearing en banc to consider whether Channel should be overruled, as the government contends. We conclude that the order must be reversed, but that Channel should not be overruled.