People v. Dumper

The search warrant which has been challenged here and which was the ground for the seizure of LSD, marijuana, hypodermic needles, etc., as a basis for defendants’ convictions of possession of dangerous drugs was issued without a sufficient foundation in the supporting proof. The affidavit on which the warrant was issued contains no fact establishing any unlawful activity in the premises to which the warrant was addressed.

The only fact set forth is that “ LSD users and sellers are frequenting ” the cottage of defendant Waitz. This is an unspecified characterization of the named persons who…