State v. Kroll

This appeal has developed by reason of a proceeding to condemn certain intoxicating liquors and empty containers as provided for in chapter 751, 1950 Code. In the initial hearing before a magistrate the articles were ordered forfeited. The defendant, the claimant of the articles in controversy, appealed to the district ■ conrt. Section 751.40, 1950 Code. In that court it was held that the warrant, nnder which the search was made, had been issued without probable cause and in violation of the provisions of Article I, section 8, Constitution of Iowa. It held consequently that a forfeiture could…