United States v. Jakems

RAYMOND, District Judge.

The substantial ground for the motion to quash search warrant and for suppression of evidence now before the court is that the search warrant was granted by the Commissioner without probable cause. It is urged that the only statement of fact contained in the affidavit upon which the warrant was issued is that an odor of fermenting and cooking whisky mash was detected as emanating from the premises searched. The authorities principally relied upon in oral argument to sustain the contention of movant are: United States v. A Certain Distillery (D. C.) 24 F.(2d) 557;…