Hurley v. United States

JOHNSON, Circuit Judge.

Two questions are raised by this writ of error: (1) Whether the commissioner who issued a search warrant could find probable cause for its issue from the evidence before him. (2) Whether the officer who served the warrant, having destroyed part of the property seized by him, became a trespasser ab initio, so that other property, intoxicating liquors, with the equipment for the manufacture of the same, seized upon the same search warrant, could not be used in evidence; a petition for its return having been seasonably filed.

We find no merit in the contention that the…