Legal Opinion

United States v. Lepper

District Court, W.D. New York

Decided April 5, 1923No. 3336PublishedCited by 20 opinions

1Opinion of the Court

HAZEL, District Judge.

The search and seizure warrant against the dwelling of the defendant Bepper is attacked on various grounds. The first is that the facts before the District Judge were insufficient to authorize a search warrant in the nighttime; the second, that the premises consisted of two separate flats occupied by separate families, and that the warrant lacked specificness as to the particular place to be searched; and, third, that the facts set forth were wholly insufficient to authorize the issuance of the warrant to search any private dwelling.

The premises were entered, as…

2Cases cited3 opinions

  1. United States v. RossSupreme Court of the United States · 1876
  2. In re MobileDistrict Court, E.D. Louisiana · 1922
  3. United States v. WihinierDistrict Court, W.D. Washington · 1922

3Cited by20 opinions

  1. Commonwealth v. SchwartzSuperior Court of Pennsylvania · 1923
  2. People v. RaineyNew York Court of Appeals · 1964
  3. United States v. PoppittDistrict Court, D. Delaware · 1964
  4. United States v. FitzmauriceCourt of Appeals for the Second Circuit · 1930
  5. United States v. BarkouskasDistrict Court, M.D. Pennsylvania · 1930

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