Rea v. United States

Petitioner was indicted for the unlawful acquisition of marihuana in violation of 26 U. S. C. § 2593 (a). The indictment, found in September 1953, was based on evidence obtained by a search warrant issued by a United States Commissioner, as authorized by Rule 41 (a) of the Rules of Criminal Procedure, in August 1953. Petitioner moved under Rule 41 (e) to suppress the evidence on the ground that the search warrant was improperly issued under Rule 41 (c) in that it was insufficient on its face, *215no probable cause existed, and the affidavit was based on unsworn statements.* The District Court…