United States v. Lonnie Gooding, United States of America v. Leon F. Barnett

WILKEY, Circuit Judge:

These cases arise on appeal by the United States from orders of the District Court suppressing certain evidence for use at trial on indictments for violations of the federal narcotics laws.1 *430The orders of the District Court rested on the view that the evidence was seized at night pursuant to warrants which failed to meet the statutory prerequisites for nighttime execution.2

1. The Applicable Statute

Just which statute’s requirements were applicable has been a matter of some debate. We can sympathize with U. S. District Judge Gesell’s feeling that “[t]he search warrant…