John Henry Rider v. United States

The only issue in this case is whether the Government Agent’s affidavit, upon the basis of which a nighttime search warrant was issued, was — within the meaning of F.R.Crim.P. 41(c) — “positive that the property is on the person or in the place to be searched.” Appellant contends that affiant’s failure to specify when the observations to which he deposed 1 were made, rendered the affidavit less than positive that the property sought was presently on the premises. However, in view of the facts that these observations were narrated in the present tense, that some time lapse between the…