United States v. Gianaris

HOLTZOFF, District Judge.

This is a motion to suppress evidence obtained as a result of a search and seizure pursuant to a search warrant. It is claimed that the warrant was illegally and improperly issued.

On its face, the affidavit, on the basis of which the warrant was issued, is sufficient to show probable cause for the granting of the warrant. The facts alleged are sufficient to have justified the United States Commissioner to exercise his discretion in granting the warrant. The attack on the warrant is based, however, on the ground that, as it is alleged, some of the averments in the…