United States v. Vottiero

ESTES, District Judge.

The defendant has made application to vacate a warrant that authorized the search of certain premises in the city of New York, alleged to be his home. There is no controversy respecting the facts, and the issue presented is whether the affidavit on which the warrant was issued is sufficient as a matter of law to authorize the search of the premises referred to, and incidentally whether the seizure of an automobile, also containing liquors, that was moved from the place in question, was lawful. The point is made that both the seizure of the automobile and the search of…