Legal Opinion

United States v. Montalbano

District Court, S.D. Texas

Decided March 1, 1924PublishedCited by 2 opinions

1Opinion of the Court

HUTCHESON, District Judge.

In this case defendants have filed a motion to quash the search warrant issued to Coley C. White, a federal prohibition enforcement officer, by W. McMahon, a United States commissioner, and to suppress the evidence obtained thereunder.. The ground for quashal is that White was not one of the persons to whom a search warrant could issue, he not being “a civil officer,” as that term is used in the Espionage Act, authorizing search warrants. The evidence showed that White held a commission designating him federal prohibition officer, signed by D. H. Blair, Internal…

2Cases cited8 opinions

  1. United States v. GermaineSupreme Court of the United States · 1879
  2. United States v. MouatSupreme Court of the United States · 1888
  3. United States v. SmithSupreme Court of the United States · 1888
  4. United States v. DaisonDistrict Court, E.D. Michigan · 1923
  5. Smith v. GilliamDistrict Court, W.D. Kentucky · 1922

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3Cited by2 opinions

  1. United States v. McKayDistrict Court, D. Nevada · 1924
  2. Keehn v. United StatesCourt of Appeals for the First Circuit · 1924

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