Legal Opinion

United States v. Kelly

District Court, E.D. North Carolina

Decided December 9, 1921PublishedCited by 9 opinions

Criminal prosecution by the United States against C. J. Kelly and others. On motion by defendant named to quash search warrant.

1Opinion of the Court

CONNOR, District Judge.

Before the case was called for trial or the jury was impaneled, defendant C. J. Kelly moved the court to quash the search warrant issued by W. P. Batchelor, Fsq., United States commissioner, for that, among other causes assigned, the affidavit upon which the warrant was issued does not conform to article. 4, Amendments of the Constitution, and the provisions and requirements of chapter 30, tit. 11, §§ 3 and 5, ratified June 15, 1917 (40 Stat. p. 228 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 10496*40, 10496*4e]), in that:

First. That said affidavit does not…

2Cases cited10 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Weeks v. United StatesSupreme Court of the United States · 1914
  3. Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
  4. Gouled v. United StatesSupreme Court of the United States · 1921
  5. Amos v. United StatesSupreme Court of the United States · 1921

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Byars v. United StatesSupreme Court of the United States · 1927
  2. State v. ChenowethWashington Supreme Court · 2007
  3. Sparks v. United StatesCourt of Appeals for the Sixth Circuit · 1937
  4. State v. LockSupreme Court of Missouri · 1924
  5. United States v. Lai ChewDistrict Court, N.D. California · 1924

4 more not listed; retrieve them via the Exa API.

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