United States v. Jajeswiec

BREWSTER, District Judge.

The defendant was indicted for the illegal manufacture of liquor in violation of the Prohibition Act (41 Stat. 305). He pleaded not guilty. Before trial he moved that the court refuse to receive in evidence any property or information obtained as a result of a search and seizure alleged to have been made unlawfully and in violation of defendant’s rights, secured to him by the Fourth and Fifth Amendments to the Constitution of the United States.

The motion was heard on an affidavit of the prohibition agent, the search warrant, and the return thereon. There was no claim…