Armstrong v. United States
Court of Appeals for the Ninth Circuit
August 13, 1925, the defendant moved to quash the search warrant and exclude from the evidence articles seized on the ground that the warrant was not issued in the name of the President or the United States; that the affidavit does not state facts constituting probable cause; that the affidavit does not name the owner or occupant of the building. This motion was denied by Judge Kerrigan.
Read the full summary
August 13, 1925, the defendant moved to quash the search warrant and exclude from the evidence articles seized on the ground that the warrant was not issued in the name of the President or the United States; that the affidavit does not state facts constituting probable cause; that the affidavit does not name the owner or occupant of the building. This motion was denied by Judge Kerrigan. A bill of exceptions was presented to Judge Kerrigan August 31, “to be used on writ of error to review the order denying the petition to quash the search warrant and exclude evidence.” This was settled,…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above). It must be ob~ vieras that the bill of exceptions to the proceeding on the old information, before this court in Jacobs et al. v. U. S. (C. C. A.) 8 F. (2d) 981, can serve no purpose on this appeal. The filing of the new information by the court’s permission destroyed all functions of the old information as fully as though it had been dismissed by formal motion. State v. Hoffman, 70 Mo. App. 271.
The so-called “amended” information was in fact a new information, filed in the old ease against the defendant alone, supported by affidavit of a person other than…
2Cases cited19 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- Gouled v. United StatesSupreme Court of the United States · 1921
- Ex Parte BainSupreme Court of the United States · 1887
- United States v. OppenheimerSupreme Court of the United States · 1916
14 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Jeffers v. United StatesCourt of Appeals for the D.C. Circuit · 1951
- Kelley v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Lewis v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- State v. Medicine EagleSouth Dakota Supreme Court · 2013
- Kitt v. United StatesCourt of Appeals for the Fourth Circuit · 1942
34 more not listed; retrieve them via the Exa API.