Abel v. United States Case Brief

Facts of the Case

“Defendant Rudolph Ivanovich Abel (a.k.a. Mark, a.k.a. Martin Collins and Emil R. Goldfus) was suspected of espionage by the Federal Bureau of Investigation (“FBI”), but the evidence was insufficient to justify his arrest and indictment on espionage charges. Upon being notified of the FBI’s belief that Abel was residing illegally in the United States—because he failed to notify the Attorney General every January of his address—the Immigration and Naturalization Service (“INS”) issued a warrant for his administrative arrest as a preliminary to his deportation. Prior to his arrest, FBI agents unsuccessfully attempted to solicit his co-operation. Pursuant to the warrant, Abel was arrested in his hotel room, and that room, as well as the adjoining bathroom, were searched by INS agents. During the search a forged New York birth certificate bearing a name other than Abel’s and a piece of graph paper containing a coded message were seized. After Abel was arrested, he paid his rent for the room and checked-out. He as then taken to the local INS station. Later, during another search of Abel’s hotel room, a birth certificate, a certificate for vaccination and a bankbook were seized