People v. Malinsky

Defendants have moved (1) for an order suppressing evidence on the ground that it was obtained by an illegal search and seizure, at night, under the ostensible authority of a daytime search warrant (2) or, in the alternative, for an order vacating the warrant for want of support by affidavit establishing probable cause for belief in the existence of lawful grounds for its issuance (Code Grim. Pro., §§ 792, 793). The facts, as gleaned from the motion papers and the minutes of a preliminary hearing in the Magistrates’ Court, appear to be as follows:

On the afternoon of January 10, 1962 a task…