United States v. Lashomb

COOPER, District Judge.

This is a motion by defendant to vacate the search warrant and suppress the evidence obtained upon its execution on the' ground that the affidavit upon which the search warrant was issued did not disclose probable cause for the issuance thereof. T.he premises are described in the search warrant as follows:. “A one-story building covered with stucco * * being, located in the Village of Massena, N". Y., and having painted over the door and window the word ‘Lunch,’ being located on South Main Street * *

It thus appears that the premises searched was a public place and not…