People v. Smith

Since the defendant William Smith was not named or described in the warrant and since the arresting officer did not have probable cause to believe that he had committed a crime — although he did enter the premises while the officer was there — the motion to suppress which he made should be granted. (See, e.g., United States v. Di Re, 332 U. S. 581, 587; United States v. Festa, 192 F. Supp. 160, 163; People v. Brown, 40 Misc 2d 35, 43.)

However, in regard to the claims of the other defendants, it is clear that the Trial Judge believed the facts insufficient to sustain the warrant only because…