United States v. Harbin

HOLMES, District Judge.

The indictment in this ease contains two counts, the first for unlawfully possessing, and the second for unlawfully selling, intoxicating liquors. The defendant moves “to quash the search warrant herein, together with the indictment, and to suppress the evidence,” because the search warrant was issued (1) on Sunday and (2) without probable cause.

The argument is made with emphasis that the finding by a United States commissioner of probable cause for the issuance of a search warrant is a judicial act, that cannot be performed on Sunday, which is dies non juridieus, and…