# Petition for a Writ of Certiorari — Price v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385605_1559%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Petition for a Writ of Certiorari - **Published:** January 1, 1971 - **Citation:** 404 U.S. 912 ## Text ° : 8 B. ae oe 0 . . Supreme Court, U.S. - \ Ot, U.S | py LED 61 - 27.4.) £. ROBERT SEAVER, ObERK a Fr ‘ : IN THE Supreme Court of the United States JOUN TI MAS PRICK, Petes _— eee . Petitioner, rary VS. UNITED STATES OF AMERICA, . . ; Respondent, aa PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT: OF APPEALS FOR | * THE SECOND CIRCUIT CHARLES J. McDONOUGHI, Attorney for Petitioner, 930 Walbridge Building, Butfalo, New York 14202. mo 2 shears se : William Hollis Price, another defendant, and directing a new hearing as to the defetidant William Hollis Price, with respect to the-céonstitutionality ef a seareh and | seizure of evidence, originally challenged in the U.S. District C ourt by both defendants. } The Second Cireuit wrote an opinion affirnii > ~A copy of fhe Second Cireuit’s opinion is appended here- to. The opinion is as vet unreported. . x Grounds on Which J urisdiction i is Invoked _ Judgment of Conviction of conspiracy (Title 18, ch. 371, U. S. Code) and interstate transportation of stolen goods’ (Title 18, See. 659). was entered against John Thomas Price : in the U.S. District Court for the Western District of New _York,-on March 26, 1970. jJudgiment of conviction ofthe Ld defendant William Hollis, Price for criminally receiving . 3 and possessing the stolen copper wire at Milford, Pennsyl- vania (Title 18, See. 659, U. S. Code) was also entered on March 26, 1970. ° On July 8, 1971, the United States Court of heii. Second, Circuit, affirmed the conviction’ of -the petitioner John Thomas Price, under both counts. The Court re- versed and vacated the conviction of William Hollis Price, and remanded the case, as to ge a the District ‘Court for a redetermination as. to the gality of a search ‘con- ducted by the Pennsylvania State, Police and an‘F. B. [.. . agent of a building in New Milford, Pennsylvania, on Janu- - ary 11, 1967, which resulted in the discov ery of two spools of copper wire, identified as being part of the shipment stolen at Buffalo, on September 19, 1966. a Both defendants moved to suppress the evidence seized - under the Pennsylvania seareh warrant as violative of their constitutional rights under the Fourth and Fifth Amend- ments. The District Court denied the motions of hoth_ de- ‘fendants. Me The jurisdiction. of this ( ourt: is invoked under — 28, ° ‘United States C ode, See. ae liberty or property without due. process. of zo 8 & BY A ‘ daw: : Statement of the Case The defendants John Thomas Price and William Hollis Price are brothers. They were jointly indieted with one Frank -Mirabellt under a three-count indictment. Count 1 charged all three defendants with conspiracy, on September 19 and September 20, 1966, to Steal 29,772 Ibs. of magnetie copper wire which were moving in interstate ‘commerce, and to transport the wire from Buffalo, N.Y. to New Milford, Pa.; in Ciolation of Siofssins 1&, See. 371 U.S. C ‘ode. . Count 2 charged only John ‘ homas,l rice and Maribelli with the actual theft of the copper wire from interstate commerce at Buffalo onoSe ‘ptember 19, 1966; in violation of Title 18, See. 659, U.S: Code. ' Count 3 charged only fhe defendant William Hollis Price with criminally receiving -and possessing the stolen copper wire at New Milford, Pa: on September 20, 19665 i violation of See. 659: ; Aas After the jury had been selected, the Pe erry Mirabelli pleaded guilty to a-violation of See, 659 as a misdemeanor: “Mirabelli then testified for the Government against the Price brothers. 3 in the Western District of New York, John. Thomas Price and Frank Mirabelli, unlawfully, wilfully and knowingly, and ‘with intent .to convert to their own use, did embezzle, steal, take and carry away from Oneida, Transport Com- pany, Buffalo, New York, chattels of a value in excess of. ~ $100.00, consisting of approximately 29,772 pounds of magnetic copper wire which were moving as, were a part of, and constituted an interstate shipment of freight and — express, from Newark, New Jersey to Western Electric Company, Buffalo, New: York; all in Violation of Title 18, U nited States Code, Section 659. COUNT ets Bate The. Grand Jury further charges: ) That on -or about the 20th day, of September , 1966, . William Hollis Pr ice, did knowingly 1 receive and have in his possession chattels of a value in excess of $100.00, that is, approximately 29,772 pounds of magnetic copper wire. which had heen embezzled, stolen and unlawfully taken and carried away, from Oneida Freight Conipany in Buf- falo, New York, Western District ‘of New York, while mov- ing in interstate commerce from Newark, New Jersey to Buffalo, New York, and the said “William, Hollis Price — - then knew the said magnetic copper wire had been stolen: all. Nuxiotttion’ of Title 18, United ‘States Code, Section 659. F _.. * H. KENNETH SCHROEDER, JR., eas . : Acting United States Attorney. A True Billy — . es : : Foreman “a «« --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385605_1559%3A1. Public record. Not legal advice.