United States v. Castle

YOUNGDAHL, District Judge.

The defendant has moved to suppress -certain evidence seized from him on May ■8, 1962, when a search warrant issued the same day by the United States Commissioner, Commissioner’s Docket 5, Case 165, was executed by a search of premises occupied by the defendant. Each of the grounds urged in support of this motion will be considered separately.

1. The defendant contends that the search warrant is invalid on its face, because it authorized a nighttime search based upon an affidavit which asserted that the affiants had “reason to believe,” instead of “positive”…