United States v. Deloic

(after stating the facts as above). A court commissioner is the creature of the court, and in the matter of issuance of a search warrant his act is not the act of a court of the United States, being only “quasi judicial,” and the court of which he is an officer may review the proceeding. Todd v. U. S., 158 U. S. 278, 15 S. Ct. 889, 39 L. Ed. 982; U. S. v. Casino (D. C.) 286 F. 976.

Section 25, title 2, N P. A. (Comp. St. Ann. Supp. 1923, § 10138½m), specifically provides that a search warrant shall not issue for the search of a private dwelling unless liquor is unlawfully sold therein. It is…