United States v. Lai Chew

KERRIGAN, District Judge.

In each of these cases the petitioner claims that the search 'warrants by virtue of which his premises were searched and certain opium obtained were defective, in that no probable cause had been shown in the affidavit used as a basis for the issuance of the warrant, and that the warrant itself contained no finding of the existence of probable cause by the United States Commissioner who issued the same. The affidavits are substantially the same in each case, so I will only quote that contained in the Wong Wing Wo Case. It is as follows:

“J. W. Smith, being first duly…