United States v. Miller

NEBEKER, Associate Judge:

This appeal by the United States 1 from an order granting a motion to suppress narcotics presents the question whether a person present on the premises during the execution of a search warrant based on gambling activities may be searched and have seized from him a tinfoil packet containing what reasonably appeared to be heroin. We hold the search and seizure to have been valid and reverse the order of suppression.

The affidavit in support of the warrant stated that gambling activities and gambling paraphernalia, to include playing cards and dice, had previously been…