United States v. Backer

ST. SURE, District Judge.

The United States Attorney informed against the defendant, charging him with violating the National Prohibition Act (27 USCA) in maintaining a nuisance and possessing a quantity of intoxicating liquor.

The defendant petitions to exclude and suppress the evidence, quash the search warrant, and return property. The legality of the search warrant is questioned. Section 25 of title 2, of the National Prohibition Act (Title 27 USCA § 39) provides among other things that “no search warrant shall issue to search any private dwelling occupied as such unless it is being used…