People v. Musk

The sole question in this case arises out of the claimed invalidity of the search warrant and the proceedings taken under it. On the 26th day of October, 1924, one Frank Bettenbender made an affidavit before a justice of the peace, asking for a search warrant. This affidavit was in the usual form and stated that the reasons for the belief of the affiant were:

“Deponent has seen intoxicated persons on the premises. Deponent has seen persons drinking moonshine whisky on the premises. Deponent has seen whisky purchased on the premises.”

Acting under the search warrant issued on this complaint the…