United States v. Martin

Opinion On Motion To Suppress.

MORTON, District Judge.

This is a motion to suppress evidence obtained upon a search and seizure under a “daytime” search warrant in the usual form, issued September 29,1928, by Commissioner Jenney at Boston. The officers entered upon the defendant’s premises under the warrant on the same day, 10 minutes after sunset. The question is whether this was a legal service.

There is no doubt that service of a daytime warrant, in the nighttime would be illegal. The ease, therefore, turns on what is meant by “daytime” in the Espionage Act. 18 USCA § 620. It is a point of…