State v. Rocca

Appellee was charged by affidavit with maintaining a liquor nuisance. (§2740 Burns 1926.) The trial court sustained his motion to suppress the evidence obtained during a search of his premises by the police officers of the city of Evansville under authority of a search warrant, on the ground that such search was un lawful and illegal, for the reasons: First, that §31, ch. 48, Acts 1925, §2746 Burns 1926, “does not require a finding of probable cause by the judge or magistrate issuing the search warrant” and “is unconstitutional for the reason that it makes the issuance of a search warrant…