United States v. Lotempio

KNIGHT, District Judge.

On the petition of the plaintiff, this is the return of an order to show cause why the decision of the United States commissioner herein, discharging the defendants and determining that insufficient probable cause existed for the issuance of the seareh warrant, should not be vacated and set aside.

The decision of the commissioner is based upon the affidavit of two federal prohibition agents, upon which the seareh warrant was issued, and the testimony taken before the commissioner, given by one of such agents and another person named in the seareh warrant affidavit as…