United States v. Yates

NEBEKER, Associate Judge:

This appeal is from the grant of a pretrial motion to suppress evidence 1 — a loaded pistol. We reverse. A further word appears warranted in light of the manner in which the judge conducted the hearing. This is not the first case in which this problem has presented itself, 2 so our ordinary reluctance to comment on the manner in which a hearing was conducted must give way.

The police, with a search warrant, went to a certain apartment for purposes of searching for and seizure of illegally kept liquor. The judge made oral findings, some relevant and some not relevant to…